Journal of Legal Research

Journal of Legal Research

Economic Principles of the Approach of Playing the Role of the Cause of Loss in Compensation

Document Type : Original Article

Authors
Hossein Ghorbani 1
Bijan Haji Azizi 2
Mohammad Moloudi 3
1 PhD Student in Private Law, Faculty of Literature and Humanities, Bu-Ali Sina University, Hamedan, Iran.
2 Professor, Department of Law, Faculty of Literature and Humanities, Bu-Ali Sina University, Hamedan, Iran.
3 Assistant Professor, Department of Law, Faculty of Literature and Humanities, Bu-Ali Sina University, Hamedan, Iran.
10.48300/jlr.2023.393916.2334
Abstract
In today's age, the right to compensation is considered one of the general principles of law, according to which, every person who suffers a loss, has the right to compensation for the damage caused to him, as well as a person who is responsible for the damage caused to another person. Be, has the legal and social obligation to compensate for the damage caused. Undoubtedly, compensation for losses from an economic point of view should be done in the easiest possible way with the highest social and economic efficiency. The approach of playing the role of the cause of loss in compensating for damages with the satisfaction of the injured party based on good faith in objective compensation for damages that objective compensation is possible; After issuing the verdict and during the proceedings or even without filing a lawsuit, a good quality method of compensation is that In this research, its economic foundations with the analytical-descriptive method, with the realization of full compensation for damage and the realization of the goal of prevention and cost reduction (by increasing benefit), will promise the economic efficiency of this approach in the compensation system.
Keywords
Playing a Role
the Cause of the Damage
Economic
Compensation
Method
  • Aban, Lee Lee, Farewell to bounced checks, peivast Monthly, 12 (2013) : 70-71. (in Persian)
  • Abdipour Fard, Ebrahim. Commercial law (commercial documents). Tehran: Majd Publications, 2022. (in Persian)
  • Abdipour Fard, Ebrahim. "Legal challenges of the cheque issuance Act". Islamic Law Quarterly 72 (2022): 267-243. (in Persian).
  • Ahmadi, Seyyed Mahmoud and Mehdi Khandan Suiri, Electronic banking and payment systems in Iran, Tehran: The Monetary and Banking Research Institute of the Central Bank of Iran, 2014. (in Persian)
  • Ansari, Mehdi. Economic analysis of Contract Law. Tehran: Javadane Publications, 2012. (in Persian).
  • Azoulai ,Loïc, and Vries ,Karin de.“Migration and EU Law and Policyˮ.Oxford 37201/97 (2014): 187-211. (in English).
  • Bahmani, Mahmoud and Mehdi Ghafari, Banking Principles, Tehran: Iran Banking Institute .Central Bank of the Islamic Republic of Iran, 2022. (in Persian).
  • Benson, Carol Coye, Scott Loftesness, and Russ Jones. "Payments systems in the US A guide for the payments professional." (2017). (in English).
  • Christopher, Hood, and Heald ,David (eds).“Transparency: The Key to Better Governance?ˮ, British Academy Scholarship Online,(2012): 1-30. Accessed May 27,2023.doi.org/10.5871/ bacad/9780197263839.001.0001. (in English).
  • - CPSS. “Core of Principles for systemically Important Payment Systemsˮ.Part 1.Consultative Report, Basel, Switzerland: BIS,2000 & 2001. (in English).
  • Darijani, Mitra, Delir, Hamid, & Ahmadi Mousavi, Seyed Mehdi. Pathology of the principle of transparency in the field of Iranian criminal legislation and its relationship with good governance. Iranian Political Sociology Monthly, 3(1 ) (2019), 173-208. (in Persian).
  • Darijani, Mitra, Delir, Hamid, & Ahmadi Mousavi, Seyed Mehdi. The evaluation of Article 220 of the Islamic Penal Code adopted in 2013 in the light of the principle of transparency, Journal of Legal Research 50(2022), 133-156. (in Persian).
  • De Caux, Robert, Markus Brede, and Frank McGroarty. "Payment prioritisation and liquidity risk in collateralised interbank payment systems." Journal of International Financial Markets, Institutions and Money 41 (2016): 139-150. (in English).
  • Dominique ،Rambure, & Nacamuli, Alec. Payment Systems from the Salt Mine to the Board Room, Palgrave Macmillan. (2008). (in English).
  • Effros, Robert C. "The Problem of Postdated Checks in the Republic of China (Le problème des chèques postdatés en République de Chine),(El problema de los cheques posfechados en la República de China)." Staff Papers-International Monetary Fund (1971):113-135. (in English).
  • Elite Accountants Association of Iran, "Elite Accountants Association of Iran", 08/17/2015, https://www.iica.ir/news/iran-accounting-news/9508175. (in Persian)
  • Eskini, Rabia. Commercial Law (Bill of exchange, promissory note, warrant, bearer Bonds and cheque). Tehran: Samt Publications, 2022. (in Persian).
  • Fry, Maxwell J., ed. Payment systems in global perspective. Routledge, 2005. (in English).
  • Geva, Benjamin. "Liability on a Cheque: A Legal History.", Osgoode Legal Studies Research Paper Series. 9(2016):10-63. (in English).
  • Gregor,Heinrich.“CPSS Core Principles for Payment Systemsˮ, Munich Personal RePEc Archive (MPRA)47429 (2003):691-722. (in English).
  • Greuning, Hennie van and Sonja Brajovic Bratanovic, Analyzing and Managing Banking Risk, translated by Hassan Bakhtiari and Behrouz Khodarahmi, Tehran: Higher Institute of Banking Education of Iran, Iran Banking Institute .Central Bank of the Islamic Republic of Iran,, 2013. (in Persian).
  • Hosseinipour, Seyed Mohammad Reza, Mohsen Rahimzadeh Namvar, Leila Aghamirkalaei and

Fatemeh Baglari, Proceedings of the Risk Management in Central Bank, Tehran: Iran Banking Institute .Central Bank of the Islamic Republic of Iran,  2021. (in Persian).

  • Information Technology Management and Statistics Support Office of Sina Bank, "Cheque Plan and its Infrastructure Projects", Tehran, Sina Bank, 2013. (in Persian)
  • Jamshidi, Saeed, Customer's Credit Assessment Methods, Tehran: Monetary and Banking Research Institute of the Central Bank of Iran, 2014. (in Persian).
  • Kavyani, Koorosh, Introduction to Commercial Law, Commercial Law І, Tehran: Mizan, 2021. (in Persian).
  • Hossein. Droit commerical societes commericals, Tehran:Ganon Publications, 2007. (in Persian).
  • Kern, Alexander.“Global Financial Standard Setting, the G10 Committees, and International Economic Lawˮ, Brooklyn Journal of International Law 34 (2009) 861-879. (in English).
  • Kokkola, Tom, ed. The payment system: Payments, securities and derivatives, and the role of the Eurosystem. BCE. Banco Central Europeo, 2010. (in English).

- Madhoshi, M, Zali, M. R & Rauf Amani, M.. Evaluating the characteristics of electronic payment systems from the perspective of Iranian users. Journal of Humanities and Social Sciences. (19) 5. (2005) 73-80. (in Persian).

  • Maggs ,Gregory E. “New Payment Devices and General Principles of Payment Lawˮ, Notre Dame Law Review72 (1999):753-798. (in English).
  • Mahmoudi, Mehrak, "Ch Like Cheque Ch Like Chakavak", peivast Monthly 25 (2014), 65-67. (in Persian).
  • Mir Mohammad Sadeghi, Hossein. Crimes against property and ownership. Tehran: Mizan Publications, 2021. (in Persian).
  • Mortazavi, Abdul Hamid, General Rules of Commercial Documents, Tehran: Javadane Publications, 2011.(in Persian).
  • Nadran, Elias and Mohammad Javad Sharifzadeh, "Exchange costs, assumed rules and regulations on contracts in Islam, an introduction to the economic analysis of contract rights in Islam", two specialized quarterly journals of Islamic economic studies, 1 (2010): 5- 30. (in Persian).
  • Nakajima, Masashi. Payment system technologies and functions: innovations and developments. IGI Global, 2011. (in English).
  • Office of Economic Studies, Deputy of Economic Research. "Improvement of governance in the field of Rial: An overview of the legal duties of the institutions". Plan, Tehran: Islamic Council Research Center, 2019. (in Persian).
  • Office of Legal Studies of the Deputy of Political and Legal Researches. Expert opinion on the plan to amend the cheque issuance Act. Plan, Tehran: Islamic Council Research Center, 2017. (in Persian).
  • Office of Legal Studies of the Deputy of Political and Legal Researches. "Expert Opinion on:" Plan to Amend the Cheque Issuing Act" (Returned from the Guardian Council). Plan, Tehran: Islamic Council Research Center, 2017. (in Persian).
  • Office of Legal Studies of the Deputy of Political and Legal Researches. "Expert opinion about" the bill to add a note to Article (14) of the Cheque Issuance Act. Tehran Islamic Council Research Center, 2019. (in Persian).
  • Parvin, Kheyrollah & Reza Faramarzi and Amin Pashaee Amiri. "Revision of laws and regulations is a step in guaranteeing the principle of legal security". Quarterly Journal of Public Law Knowledge 93 (2019): 59-97. (in Persian).
  • Rostami Mohsen and Saeed Gheidarpour. "A comparative study of Iran's payment system with the ten principles of the International Committee of Payment and Settlement Systems". Paper presented at the 18th Islamic Banking Conference, Tehran, 06/29/2018. (in Persian).
  • Russo, Daniela, ed. Payments and market infrastructure two decades after the start of the European Central Bank. European Central Bank, 2021. (in English)
  • Shahchera, Mahshid. The core  principles of payments system in Iran. Economic News, (134) 9 (2010). 197-199. (in Persian).
  • Sotoudeh Tehrani, Hassan, Commercial Law, third volume, Tehran: Dadgstar, 2021. (in Persian)

-Tabnak, "Tabnak Newsletter",02/19/2017, https://www.tabnak.ir/fa/news/797559 & http://www.ghatreh.com/news/nn42525351. (in Persian).

  • Stephen M. McJohn.Glannon Guide to Commercial and Paper Payment Systems: Learning Commercial and Paper Payment Systems Through Multiple-Choice Questions and Analysis,(New York: Wolters Kluwer Law & Business,2021),10-44. (in English).

- Tabatabai, Seyed Mohammad Saeed, Maryam Mohseni Lotfi and Hamed Hatami, "Chakavak System", an article presented in the third annual conference on electronic banking and payment systems, Tehran, 16/10/2013. (in Persian).

  • Whaley,Douglas J.Commercial Paper & Payment Law, 17nd Ed .Ohio: West Publishing Corporation ,2013. (in English).

- Yazdian Jafari, Jafar, a reflection on the punishment for issuing an unpaid cheque in the Amended Cheque Issuance Act, Islamic Law Journal, 4 (2005), 133-146. (in Persian).

Journal of Legal Research
Volume 24, Issue 61
Spring 2025
Pages 587-616