Impact of Foreseeable Damage on Civil Liability Dispute in Iran and France
Negar Abbaspour Niyari, Fariba Moshirpour
There is no doubt that the philosophy of civil responsibility in the sense of complete compensation for damages has been lost. At the same time, the personal obligation of the offender to compensate for the damage must be attributable to the will of the parties, the rationale of the custom, or the law. In this research, we are going to find out that liability is not limitless and limited to certain cases. The anticipation of a breach of contract is the fulfillment of a kind of awareness that, before the expiration of the one-party commitment, the other party concludes that the contract will not be made by the obligated party; in other words, after the conclusion of the contract, but before the due date, it turns out that one On the other hand, he will not perform a major part of his obligations at the due time, or he will commit a major contravention without any license. It can be said that the ability to predict damage is discussed in two areas. By comparative study in a descriptive-analytical manner one in the field of contractual liability and the other in the field of out-of-contract liability, but according to Article 1150 of the French Civil Code, it is a predictable loss in contractual liability. Therefore, according to the law of the country of France, the claim of unforeseen damages means the demand for the fulfillment of a commitment that has not been initially assumed and in that respect inconsistent with the principle of good faith. There are a lot of questions and questions about the foreseeable loss in the legal system of Iran and France. There are many similarities and, in some cases, significant differences between these two systems, which require planning for a comparative research project for explanation. There are common points and differences between these two laws.