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Issue Info: 
  • Year: 

    2021
  • Volume: 

    13
  • Issue: 

    23
  • Pages: 

    119-144
Measures: 
  • Citations: 

    0
  • Views: 

    1267
  • Downloads: 

    0
Abstract: 

In the law of Iran, there is a general rule provides that indirect damage is not recoverable. However, exceptionally, liability rights today seems likely to take into account some indirect damages to be recoverable. In English law, it is compensable if the indirect loss is foreseeable by both of the parties. The loss will be recoverable if it is in the contemplation of the parties. There are theories which have proved over time in common law (Jus commune or ius commune) and formed the bases of indirect loss. Theories of efficient breach, expectation interest, reliance interest, restitution and full compensation principle each of them somehow has justified the compensation for indirect loss in England. In the law of Iran, although it is constantly emphasized on the necessity of being losses direct but there are strict legal and Islamic jurisprudential maxims (al-qawā ʿ id al-fiqhī yah) that indirect contractual and non-contractual damages can be compensated by them exceptionally. Causation, no harm, sanctity, reprisal and intellectuals’ basis are of Islamic maxims which can be known as the base for the recovery of indirect damages.

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Author(s): 

Ghafari Roya | Abedi Mohammad | Khodabakhshi Shalamzari Abdollah | Ghabooli Dorafshan Sayyed Mohammad Mahdi

Issue Info: 
  • Year: 

    2023
  • Volume: 

    30
  • Issue: 

    24
  • Pages: 

    19-38
Measures: 
  • Citations: 

    0
  • Views: 

    66
  • Downloads: 

    0
Abstract: 

In compensating for damages, paying attention to the guaranteed rights victim and in examining the pillars of civil responsibility analysis of the harmful act of the cause of the damage is the focal point. The economic analysis of law, with social engineering, to achieve social goals takes into account all actors and activists. This instrumental approach promotes the triple goals of prevention, distribution of damage and compensation. The condition of compensable loss such as predictability and directness and certainty and non-compensation of loss in legal analysis is based on fairness, ethics and justice. Every loss cannot be considered claimable, civil liability must have a logical and fair limit and an unlimited liability cannot be tolerated. In economic analysis, the reduction of the final cost determines the characteristic of compensable loss and compensability of any loss is not reasonable and efficient. The economy is a guide in determining the fault of the harmful act by providing an objective criterion and makes the relationship of causality, contrary to the conventional concept, efficient, and. This relationship exists between the loss and the factor that avoids with less cost

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Author(s): 

KHAZAEI SEYED ALI

Issue Info: 
  • Year: 

    2016
  • Volume: 

    17
  • Issue: 

    1 (43)
  • Pages: 

    105-127
Measures: 
  • Citations: 

    0
  • Views: 

    2633
  • Downloads: 

    0
Abstract: 

The period that the parties intentionally communicate with each other to make a contract as a final draft or ignore it, is called pre-contractual period.In this period, parties negotiate together on the terms of future contract and use their most endeavors till to reach the final point i.e. making the contract.It may be situations which one of the parties has been incurred some costs at this period, while another party closes the negotiations unilaterally. The principle of freedom of contract has the consequence of acceptance of precontractual risks by the parties. However, sometimes damaged person may find compensation right and the other party is obliged to compensate on the basis of special reasons. Liability to compensate for such losses will be called pre-contractual liability. Nowadays, pre-contractual liability has been considered by legal system of some countries like France.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    10
  • Issue: 

    1
  • Pages: 

    267-293
Measures: 
  • Citations: 

    1
  • Views: 

    34
  • Downloads: 

    0
Abstract: 

Psychiatric injury is any harm to the health of individuals that causes their mental illness. The extent of such trauma can range from simple grief to mental disorders. Given that a large number of people are at risk of Psychiatric injury, compensating Psychiatric harm without any criteria will lead to numerous claims and will cause problems for the country's judiciary. Are there any rules in the Iranian and English legal systems that limit compensation of Psychiatric damages? Is that rule effective and can it achieve justice? The British courts have held only "recognized mental illnesses" in psychiatry liable and have not found the rest of the mental harms to be compensable. In Iranian law, despite the fact that some Iranian courts have ruled in favor of compensating for mere emotional distress, but from Article 1 of the Civil Liability code and Article 676 of the Islamic Penal Code the necessity of "mental illness" can be inferred. This article will show that the application of this rule will reduce the number of fraudulent lawsuits in the courts and prevent the huge costs of compensating for mental disorders that are temporary and does not disrupt normal life.

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Author(s): 

NASIRI N.

Issue Info: 
  • Year: 

    2004
  • Volume: 

    16
  • Issue: 

    2
  • Pages: 

    72-78
Measures: 
  • Citations: 

    0
  • Views: 

    1535
  • Downloads: 

    0
Abstract: 

Purpose: To report visual and anatomical outcome of flap loss after LASIK surgery for correction of high myopia. Materials & Methods: Retrospective evaluation of flap loss in two eyes of two patients, a rare complication of LASIK Surgery. Case No. 1: 27 y/o woman with Ref. OD -9.75; 2.75*177 VA. CC: 20/60 KR OD: 41.86*77 39.86 * 168 & partial amblyopia due to anisometropia. Case No. 2: 38 y/o woman with Ref OD. -9.50 1.0*177 VA CC: 20/30 KR OD: 42.06*77 40.99 * 167. Results: In both patients during LASIK surgery free cap complication occurred and after Laser therapy free cap positioned over the stromal bed, but the next day after operation flaps were lost. For case NO.1only medical management performed and after 4.5 years F/U cornea has 2° central haziness. For case NO.2 another corneal flap from donor globe cut and sutured with Nylon 10/0 and after 18 months F/U cornea is clear. Conclusion: In patients with flat keratometry less than 41.0 Diopter rate of free cap are high and after laser therapy for high myopia the keratometry became more flat. If surgeon doesn't suture flap the rate of flap loss increase so for prevent of corneal haziness and corneal ectazia this evaluation suppose to perform donor corneal flap graft.      

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Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2021
  • Volume: 

    18
  • Issue: 

    2
  • Pages: 

    343-370
Measures: 
  • Citations: 

    0
  • Views: 

    48
  • Downloads: 

    10
Abstract: 

In Iran law, civil liability and compensation for damages caused by psychological injuries have received less attention due to their intangibility. But, in English law, damages resulting from psychological injuries to primary and secondary victims are deemed to be claimable under certain conditions. In this article, in an analytical method and in comparison, with English law, we seek to find the answer to the question of what criteria for damages caused by mental injuries can be claimed. In English law with stress on an objective criterion, on primary victims, places more emphasis on "the existence of a rational relationship between psychological damage and the risk created" and in some cases "the predictability of the risk" and the existence of a "reasonable fear in the claimant" is also considered a condition. Criteria for "predictability", "intimacy", "proximity" and "suddenness" have also been suggested for secondary victims. In Iran jurisprudence and law, the main criterion for determining compensable damage is the mixed criterion means "the ability to predict the loss according to the specific situation of the injured party", which also emphasizes the "seriousness and continuity of the loss" and "the existence of a strong emotional relationship".

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Journal: 

BINA

Issue Info: 
  • Year: 

    2017
  • Volume: 

    23
  • Issue: 

    1
  • Pages: 

    71-75
Measures: 
  • Citations: 

    0
  • Views: 

    616
  • Downloads: 

    0
Abstract: 

Purpose: Report a case of iatrogenic medial rectus loss in exotropia surgery and its management with review literature.Case Report: A 14-year-old female with a history of cerebral palsy and left exotropia underwent strabismus surgery in another center when she was 7 years old. As her surgeon reported, after 8 mm medial rectus resection, it was lost and he could not retrieve it; so, to balance the forces of adduction and abduction, the surgeon disinserted left lateral rectus, but 2 months later, because of large angle exotropia and severe limitation in adduction, she was referred to this center. We explored the area and could not find the lost medial rectus; so, half tendon transposition of superior rectus and inferior rectus to the previous insertion site of medial rectus was performed and left lateral rectus was fixated to the lateral orbital periosteum. Two months after the operation, she was orthotropic and ocular movements were significantly balanced.Conclusion: Half tendon transposition of vertical recti to the site of lost medial rectus associated with periosteal fixation of lateral rectus can improve the strabismus of lost medial rectus muscle.

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Issue Info: 
  • Year: 

    1382
  • Volume: 

    9
Measures: 
  • Views: 

    274
  • Downloads: 

    0
Abstract: 

ما در این مقاله با توجه به مزایای زمان بندی سلسله مراتبی یک روش جدید سلسله مراتبی با استفاده از (start-time Fair Queuing) SFQ و E-LOSS را پیشنهاد می کنیم که ضمن تامین QOs جریانهای ترافیکی بلادرنگ، تخصیص عادلانه پهنای باند را ممکن می سازد. روش E-LOSS نوع اصلاح شده از EDF با بافر محدود است که قابلیت مدیریت صف فعال را نیز دارا می باشد. بعبارت دیگر جریانهای ترافیکی بلادرنگ در این طرح می توانند، کارایی تاخیر خوبی دریافت کنند. استفاده از الگوریتم SFQ بعنوان زمانبند اشتراک لینک تخصیص عادلانه پهنای باند را حتی در شرایط ترافیکی VBR امکان پذیر می نماید.نتایج شبیه سازی نشان میدهد که طرح پیشنهادی ما تقریبا کارایی تاخیری مشابه با روش E-LOSS ارائه می دهد، ضمن آنکه تخصیص پهنای باند عادلانه ترین را بین کلاس ترافیکی بلادرنگ و کلاس ترافیکی best-effort نسبت به روش E-LOSS ارائه می دهد و ضمنا پهنای باند بیکار و اضافی را نیز همانند روش SFQ عادلانه بکار می گیرد.

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Author(s): 

Salehi Mehdi | Ahmadi Alireza

Issue Info: 
  • Year: 

    2024
  • Volume: 

    13
  • Issue: 

    25
  • Pages: 

    145-156
Measures: 
  • Citations: 

    0
  • Views: 

    19
  • Downloads: 

    0
Abstract: 

In this article, an attempt has been made to estimate the amount of sound transmission loss in a flat oval channel by applying the approach of statistical energy analysis. Correct estimation of sound transmission loss in an air conditioning channel is of great importance due to the harmful effects of noise pollution in the environment on human health. Simulation with the statistical energy analysis method is a powerful approach to estimate sound and vibration in problems in which we deal with complex and multi-part systems; is considered. In this method, first, a system is divided into several subsystems, and then by writing a matrix equation that includes the energy exchanges between subsystems and energy loss coefficients; It is investigated from the perspective of vibration and sound estimation.On average, the model presented in this research is able to estimate the sound transmission loss in different dimensions of the air conditioning channels according to the experimental results in the accuracy range of ± 2.5 dB. Considering that it seems that the results obtained from modeling with this method are in good agreement with the experimental data; The results of this research can be used as an efficient approach to estimate noise in oval shaped channels stretched in different lengths.

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Author(s): 

Fallah kharyeki Mehdi

Issue Info: 
  • Year: 

    2021
  • Volume: 

    36
  • Issue: 

    3
  • Pages: 

    187-208
Measures: 
  • Citations: 

    0
  • Views: 

    111
  • Downloads: 

    0
Abstract: 

Objective The present study attempts to examine the instances of damages to property caused by traffic accidents and the restrictions and conditions governing their reimbursement, which under Compulsory Insurance Act 2016, an insurer will compensate if there is a valid third party insurance and ultimately make suggestions to amend relevant laws. Methodology The method used in this study is descriptive-analytical using library tools. In this article, first, the issue is examined according to Compulsory Insurance Act 2016 and then the opinions of lawyers on the issue are discussed and finally, along with the analysis and review of opinions in the Iranian legal system, suggestions for amending Compulsory Insurance Act 2016 are presented. Findings Unconditional definition of damages to property in paragraph b of article 1 of Compulsory Insurance Act 2016 includes damages to third party property (whether object or benefit or right). Of course, damages to property are covered by third party insurance if the property belongs to a third party and is located outside the vehicle causing the accident. According to paragraph 1 of Article 17 of Compulsory Insurance Act 2016, damages to the cargo of the vehicle that caused the accident, whether it belonged to the driver who caused the accident or a third party, were excluded from third party insurance. Moreover, if the damages resulting from the deprivation of benefits (loss of use) can be claimed according to the general rules of civil liability, there is no reason not to claim such damages from the insurer under Compulsory Insurance Act 2016. As a result, the reference of article 39 of Compulsory Insurance Act 2016 only to vehicle, is related to the prevailing case because the property and objects under the ownership or legal possession of third parties that are damaged may not be his only car, as paragraph b of Article 1 of Compulsory Insurance Act 2016, in the definition of damages to property, it refers to "third party property", which unconditional definition includes any property. Also benefiting from paragraph b of article 1 of Compulsory Insurance Act 2016 and the concept contrary to paragraph “ a” of article 17 of that law and the provision of article 2 of Law on Immediate Investigation of Damages Caused by Motor Accidents, approved 1966, the loss of market value of a car (price reduction) that results from a car accident is one of the obvious damages that may be suffered by a third party and is therefore covered by third party insurance and can be claimed on the insurer, because in note 3 of article 8 of Compulsory Insurance Act 2016, financial compensation is the responsibility of the insurer or the tortfeasor of the accident. If the price reduction is not considered as damages to property and is not considered compensable by the insurer, the tortfeasor of the accident should not be responsible. In addition, the corresponding damage is the damage that will be calculated corresponding to the damage done to the most expensive conventional car, not to the proportion of the conventional car. In predicting the institution of the corresponding damage, the legislator has departed from the conventional theories about the philosophy and purpose of civil liability and the principle of complete compensation and has attempted to work on the basis of distributive justice as well as ethical and economic considerations and social policy considerations to moderate effect of civil liability for the benefit of the weaker part of society economically. The last part of note 3 of article 8 states a provision that implies the provision of a special system of financial compensation for traffic accidents. Because the corresponding damage to the most expensive conventional car is applicable not only in the presence of third party insurance but also is applied in favor of the tortfeasor of the accident when the car of the tortfeasor of the accident does not have valid third party insurance. A ruling that has no precedent in the Iranian legal system and its justification is impossible in the traditional framework of civil liability and according to traditional principles and rules, especially the no-harm rule. Given that the institution of the corresponding damage is exceptional and irregular, it seems that the application of the specific rule of the corresponding damage is applicable only on the assumption that the subject of the third party's property damages was his vehicle. In cases where damages to property have been incurred on property other than his vehicle, all damages to property, as the case may be, are reimbursed by the insurer of the vehicle causing the accident (up to the limit of the financial obligations of the insurance policy) or by the person responsible for the accident. Conclusion The lack of transparency of Compulsory Insurance Act 2016 on some instances of damages to property caused to third parties such as cargo belonging to the occupant of the vehicle, deduction of car price (price reduction) of the damaged property and deprivation of the third party from gaining benefits of the property and the conditions governing their compensation such as the limit of financial obligations contained in the insurance policy and the corresponding damage, have caused doubts and ambiguities which have caused disagreement and conflict of opinions that requires the legislator to intervene to reform the law in this regard. Accordingly, in order to prevent any disagreement and conflict of opinions, it is proposed: 1) Possibility of compensating the price reduction of the vehicle, deprivation of benefits of the damaged property, compensation for damage to the cargo of the occupant of the vehicle should be explicitly foreseen to provide full compensation, which was one of the most important goals of Compulsory Insurance Act 2016. 2) The legislator shall explicitly limit the application of special rule of corresponding damage to the third party vehicle. JEL Classification: K11, K13, K15.

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