Analysis of definite condition for compensable loss in Iran and France

Civil liability in law of obligations refers to a title to elaborate legal requirements for compensation ofundue losses. Compensation of undue losses requires for the conditions such as definite condition forcompensable loss which is contractual liability discussed in contractual liability. According to thiscondition, it must prove that a property has been destroyed and/or a benefit has lost, that is, a benefitthat will bring into the owner if the harmer did not harm, because the decree for compensation of lossis not true. Under this condition in realization of liability, the theory for loss of opportunity is one ofthe issues discussed on definite condition for compensable loss, such that a person sometimes loses theopportunity to gain benefit or avoid loss in future due to another person's fault. It is asked whether aperson affected by this issue can ask for compensation of loss with definite condition for compensableloss. In this regards, an attempt has been made in the present research to elaborate the theory for lossof opportunity with definite condition for compensable loss using descriptive and analytical methodand the library method besides analysis of definite condition for compensable loss in positive laws ofIran and France. According to the investigations, the procedure in France has accepted the principleunder compensation of loss considering definite condition for compensable loss. Iran's law regardinganalogy of some of the articles in contractual liability law including article 6 of this law has stated thatloss of an opportunity is a definite loss which must be compensated.

Keywords:

condition , loss , certainty of loss