Review and Application of Rule of No Loss and Negation of Distress and Constriction in Iranian Civil Law

Zahra Mohammadi, Ali Pourjavaheri

Abstract


Jurisprudential rules are rules that are legislated on the way to gain divine religious commandments, but this use was not in a chapter of inference and mediation, but also it is in chapter of implementation and jurisprudential rules have been used as foundations of many articles legal in Iranian civil law. So considering the importance of these rules, the general aim of this research is investigate frequently used jurisprudential rules in Iranian civil law with an emphasis on (rule of no loss, negation of distress and constriction and beneficence). It should be noted, the rule of no loss, in addition to this that it can limit the circle of preliminary evidences as a secondary reason in personal loss cases, and it suggests overall policy in canonization the initial commandments, so no loss rule has not been used as a documentary, civil liability of compensation for losses. This matter correctly proves that "no loss rule" is as an expression of negation the loss verdict in Islam, not compensation for the losses. Distress and constriction is a general rule that Jurisprudents have referred to it in many cases, and thereby, they have passed a sentence to the negation of tasks which are required the distress and constriction for oblige.

In the chapter of beneficence should also be noted that it includes the disposal of losses and also attracting the interest as well as because the provisions of beneficence rule are rational rules and rational affairs cannot be allocated. So much more certain of the beneficent rule in the legal relationships is where that person was trying to make benefit for others or wants to do the disposal of losses of him/her not to make benefit him/herself. The application of the rule of no loss and negation of distress and constriction is investigated in Iranian civil law in this article.

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DOI: https://doi.org/10.5539/jpl.v10n1p91

Copyright (c) 2016 Zahra Mohammadi, Ali Pourjavaheri

License URL: http://creativecommons.org/licenses/by/4.0

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