INVESTIGATION OF LEGAL AND JURIDICAL DOCUMENTS AND PRINCIPLES OF REDUCTION OF DAMAGES

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MIRNAGHIZADEH MIRHEYDAR; CHERAGHI ALI

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Journal: JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR) Year:2018 | Volume:2 | Issue:6 Page(s): 79-97

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Information Journal Paper

Title

INVESTIGATION OF LEGAL AND JURIDICAL DOCUMENTS AND PRINCIPLES OF REDUCTION OF DAMAGES

Author(s)

MIRNAGHIZADEH MIRHEYDAR | CHERAGHI ALI | Issue Writer Certificate

Keywords

REDUCED DAMAGEQ2

CONTRACT VIOLATIONSQ2

DAMAGEDQ2

CIVIL RESPONSIBILITYQ1

Abstract

The principle of reduction of damages is that the victim of the breach of the contract is obligated to take the necessary measures to reduce or prevent the spread of damages caused by a breach of contract or another adverse reaction to it. The most appropriate rule that can justify the principle of coping in Islamic jurisprudence and, consequently, the rights of Iran, is the well-known jurisprudential rule of "lazarar and lazarar fi 'al-Islam"; with the explanation that if it is the duty of the person to deal with damages, Which is subject to damage, do not charge, the lack of this warrant and duty will be detrimental and, therefore, we will give judgment to this assignment. Although this rule has not been explicitly enacted in Iran's laws, it is admissible under reference to Article 167 of the Constitution by referring to jurisprudential texts. Also, the Iranian legislator, in some cases, has accepted this rule implicitly in legal texts. Therefore, this article seeks to find out that the points that are generally discussed in the jurisprudence of the Imamiyah, and are discussed in very narrow terms in the Iranian laws, and that lawyers and jurisprudents have generally not answered one issue in a similar way. Detailed, detailed, and cohesive, and to match the issues in order to help improve the quality of the content contained in the text of the Iranian laws that are vague and obscure and provide the necessary solutions.

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APA: Copy

MIRNAGHIZADEH, MIRHEYDAR, & CHERAGHI, ALI. (2018). INVESTIGATION OF LEGAL AND JURIDICAL DOCUMENTS AND PRINCIPLES OF REDUCTION OF DAMAGES. JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR), 2(6 ), 79-97. SID. https://sid.ir/paper/259663/en

Vancouver: Copy

MIRNAGHIZADEH MIRHEYDAR, CHERAGHI ALI. INVESTIGATION OF LEGAL AND JURIDICAL DOCUMENTS AND PRINCIPLES OF REDUCTION OF DAMAGES. JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR)[Internet]. 2018;2(6 ):79-97. Available from: https://sid.ir/paper/259663/en

IEEE: Copy

MIRHEYDAR MIRNAGHIZADEH, and ALI CHERAGHI, “INVESTIGATION OF LEGAL AND JURIDICAL DOCUMENTS AND PRINCIPLES OF REDUCTION OF DAMAGES,” JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR), vol. 2, no. 6 , pp. 79–97, 2018, [Online]. Available: https://sid.ir/paper/259663/en

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