نوع مقاله : پژوهشی (داوری عادی)
نویسندگان
1 استاد سطح عالی حوزهعلمیه قم، استادیار گروه فقه دانشگاه باقر العلوم قم و عضو پیوسته گروه فقه و حقوق دانشگاه امام صادق(ع)
2 طلبه حوزه علمیه قم، دانشجوی ارشد حقوق تجاری اقتصادی بین المللی دانشگاه تهران
3 دانشجوی ارشد حقوق خصوصی دانشگاه تهران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
One of the most practical rules of common law is the rule of mitigation of damages. This rule is not explicitly foreseen in Iranian law and courts face obstacles in citing it in their decisions. This article has tried to adapt this rule to a local rule, namely the "rule of action", in order to show that the conditions for the fulfillment of the elements of the two are the same and even the rule of action is considered the basis of the rule of mitigation of damages. Therefore, the court's decision can be issued based on the rule of mitigation of damages, because such a rule has a precedent in jurisprudence and domestic law and not only does it not contradict them, but in some cOne of the most practical rules of common law is the rule of mitigation of damages. This rule is not explicitly foreseen in Iranian law and courts face obstacles in citing it in their decisions. This article has tried to adapt this rule to a local rule, namely the "rule of action", in order to show that the conditions for the fulfillment of the elements of the two are the same and even the rule of action is considered the basis of the rule of mitigation of damages. Therefore, the court's decision can be issued based on the rule of mitigation of damages, because such a rule has a precedent in jurisprudence and domestic law and not only does it not contradict them, but in some cases the effect of applying this rule can be observed in the words and articles of jurists and legislators.ases the effect of applying this rule can be observed in the words and articles of jurists and legislators.but in some cases the effect of applying this
کلیدواژه‌ها [English]
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