Comparative Study of the Harm Reduction Rule with the Action Rule

Document Type : Research (Normal Review)

Authors

1 Assistant Professor of Jurisprudence Department of Baqer Al-Alum University of Qom

2 Student of Qom Seminary, Master's degree student in International Commercial and Economic Law, University of Tehran

3 Master's student in private law, University of Tehran

10.22034/jrj.2025.70933.2936

Abstract

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

Keywords

Main Subjects

Journal of Islamic Law and Jurisprudence
Volume 11, Issue 2 - Serial Number 39
Articles
August 2025
Pages 1-1

Files

Share

How to cite

Statistics