Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Examining pure economic damage in the laws of Iran, England and Egypt

Document Type : research

Authors
1 PhD student of private law, Department of Law, Karaj Branch, Islamic Azad University, Karaj, Iran.
2 Assistant Professor, Department of Law, Karaj Branch, Islamic Azad University, Karaj, Iran.
10.22034/ejs.2024.446353.1721
Abstract
Background and Aims: pure economic damage is one of the important issues regarding which there is a difference of opinion, and this has made its comparative examination necessary. Based on this, the purpose of this article is to examine pure economic damage in the laws of Iran, England and Egypt.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the text, honesty and trustworthiness are observed.
Findings: In English law, purely economic damages are accepted, but the damage caused by deliberate and careless actions is separated. What is presented as pure economic damage in British law is presented as non-profit in Iranian and Egyptian law. In Iranian law, according to Note 2 of Article 515 of the Law of Procedure of Public and Revolutionary Courts (in Civil Affairs) approved in 1379, damages caused by non-profit cannot be claimed. its application in other cases is against the standards of Sharia. In Egyptian law, pure economic damage is accepted in the form of non-profit.
Conclusion: In the legal doctrine, the tendency towards wide compensability of non-profit is evident, while the correctness and efficiency of this expanded view is doubted due to some legal considerations, such as the lack of certainty of harm in non-profit, as it has been noticed by Anglo-Saxon judges and lawyers.
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