Conciliation of compensation in Civil Liability

Articles in Press

Document Type : Original Article

Authors

1 Assistant Professor, Department of Law, Payam Noor University, Tehran, Iran

2 Visiting Lecturer, Chalous Branch, Islamic Azad University, Chalous, Iran

10.48300/jlr.2023.399392.2361

Abstract

Given the extensive scope of damage compensation rights and the intricate regulations governing them, parties involved in actual or potential causes of loss constantly seek ways to ascertain the extent of their liability, hoping to avoid substantial and unpredictable compensation claims. This is only possible via the intersection of civil liability and contract law, which can manifest itself in various forms. However, there may be some complications. Despite their similarities, such agreements may result in different outcomes, and disregarding these differences can lead to adverse consequences. In this regard, a Contract of Conciliation offers useful applications and can serve as a reliable solution for compensating losses. However, compensation conciliation requires adherence to the principles governing such contracts. Although legislators sometimes deliberately restrict individuals' autonomy in matters concerning compensation conciliation, in instances where the law remains silent, judicial proceedings are required to address the related issues, shortcomings, and ambiguities. Compensation conciliation holds legal justification as long as it does not abuse the position of the injured party. Therefore, the authors used a descriptive-analytical method to state the problem and substantiate this argument. Moreover, no specificatives were considered when investigating the general rules governing compensation conciliation except in cases of public order and mandatory laws.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 17 October 2023

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