Critical attitude in the sense of indirect loss

Abstract

In most legal systems, including the Iranian legal system, the three elements of loss, harmful act, and causality are necessary to prove litigation, both tort and contractual. On the other hand, although most modern jurists tend to apply the principle of complete compensation against damages, it is generally believed that any cannot be compensated. Only that meet the requirements of civil liability law can be awarded. The condition of loss is one of these conditions, which in our legal system is also referred to as the intermediaryloss condition.Our lawyers, under the rules of French civil law, have introduced the above condition into Iranian law and do not consider indirect damages to be compensated. The author is of the opinion that despite the pillar of causality in civil liability, there is no longer any need to claim direct and removing this limitation will not impair the structure of the litigation. What is meant by the direct and immediate disadvantage of our rights is the establishment of a customary causal relationship between the harm and the harmful act.