University of Tabriz Jurisprudence and Islamic Law 28210891 15 35 2024 06 21 Collection of articles number 35 Collection of articles number 35 1 291 20618 FA Journal Article 2025 10 25 https://law.tabrizu.ac.ir/article_20618_2aeff46a2dde83d9544aef7d894086a3.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 35 2024 06 21 The Measures of Abuse of Rights in Iranian and French Civil Proceedings The Measures of Abuse of Rights in Iranian and French Civil Proceedings 1 32 19288 10.22034/law.2024.58101.3312 FA Mohammad Bafahm Ph.D. Candidate in private law at Qom University, Iran Azizallah Fahimi Associate Professor of Qom University, Iran Mahdi Hasanzadeh Associate Professor of Qom University, Iran Journal Article 2023 08 23 The prohibition of abuse of rights in civil proceedings is well established, and individuals are not permitted to abuse their rights. Consequently, the prohibition of the abuse of rights is acknowledged as a legal principle in civil proceedings. However, a significant question arises: what constitutes the measure for the abuse of rights in civil proceedings? Specifically, what use of right is deemed illicit and classified as an abuse of right? This study aims at answering this question. The findings of this research indicate that according to the provision of Article 109 and Articles 133, 139, and 515 of the Civil Procedure Code, as well as the principles of abuse of rights in civil proceedings (purpose of proceedings, public order, and the role of ethics), the use of rights for motives other than pleading for justice and self-defense is deemed an abuse of rights and is illegal in the Iranian civil proceedings. In French law, according to an old legal maxim, malice in the exercise of a right results in the abuse of a right. The French Supreme Court has leant towards the fault theory over time. Scholars have argued that a single rule cannot be considered for the abuse of rights in civil proceedings. The prohibition of abuse of rights in civil proceedings is well established, and individuals are not permitted to abuse their rights. Consequently, the prohibition of the abuse of rights is acknowledged as a legal principle in civil proceedings. However, a significant question arises: what constitutes the measure for the abuse of rights in civil proceedings? Specifically, what use of right is deemed illicit and classified as an abuse of right? This study aims at answering this question. The findings of this research indicate that according to the provision of Article 109 and Articles 133, 139, and 515 of the Civil Procedure Code, as well as the principles of abuse of rights in civil proceedings (purpose of proceedings, public order, and the role of ethics), the use of rights for motives other than pleading for justice and self-defense is deemed an abuse of rights and is illegal in the Iranian civil proceedings. In French law, according to an old legal maxim, malice in the exercise of a right results in the abuse of a right. The French Supreme Court has leant towards the fault theory over time. Scholars have argued that a single rule cannot be considered for the abuse of rights in civil proceedings.

https://law.tabrizu.ac.ir/article_19288_cd4af2c985eefbfa53085e847eccb07a.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 35 2024 06 29 Challenges of the Environmental Damage legal Framework in the Offshore Oil and Gas Industry Challenges of the Environmental Damage legal Framework in the Offshore Oil and Gas Industry 33 60 19289 10.22034/law.2024.58989.3329 FA Mohammadali Baqersad, Ph.D. Candidate in Oil and Gas Law, Shahid Beheshti University, Tehran, Iran Parviz Savrai Associate Professor, Shahid Beheshti University, Tehran, Iran Journal Article 2023 10 26 Offshore oil and gas activities refer to activities that use marine facilities (as opposed to land facilities) for the purpose of exploration, exploitation, and production of oil or gas. The mentioned activities are sometimes associated with risks to the marine environment and cause damage to the environment and neighboring countries. The present essay has analyzed the legal framework of the mentioned responsibility and the challenges and shortcomings of the existing international and regional regulations in the offshore oil and gas industry with a descriptive-analytical method. Despite numerous international and regional conventions, the legal system of environmental responsibility in this industry is in the beginning stages and has not yet been fully formed. Although regional agreements are more advanced than international conventions in this field, a convention should be drafted and approved by the majority of countries in the field of responsibility and the amount of environmental damage. Offshore oil and gas activities refer to activities that use marine facilities (as opposed to land facilities) for the purpose of exploration, exploitation, and production of oil or gas. The mentioned activities are sometimes associated with risks to the marine environment and cause damage to the environment and neighboring countries. The present essay has analyzed the legal framework of the mentioned responsibility and the challenges and shortcomings of the existing international and regional regulations in the offshore oil and gas industry with a descriptive-analytical method. Despite numerous international and regional conventions, the legal system of environmental responsibility in this industry is in the beginning stages and has not yet been fully formed. Although regional agreements are more advanced than international conventions in this field, a convention should be drafted and approved by the majority of countries in the field of responsibility and the amount of environmental damage.

https://law.tabrizu.ac.ir/article_19289_1119bb14b0e98b2b0fe3a7548af5efab.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 35 2024 06 24 Conflict of Interest as the Origin of Some Crimes in Iranian Law with Emphasis on Legislative Experiences in Canada Conflict of Interest as the Origin of Some Crimes in Iranian Law with Emphasis on Legislative Experiences in Canada 61 86 19292 10.22034/law.2024.56461.3269 FA Alireza Taghipour Associate professor of criminal law and criminology, Department of Law, Bu-Ali Sina University, Hamedan.Iran 0000-0003-4378-5074 Seyed Mohammadreza Mousavifard Assistant Professor, Department of Criminal Law and Criminology, Islamic Azad University, Semnan Branch, Iran Journal Article 2023 05 06 Analyzing issues from a criminological perspective and predicting the occurrence of crimes affecting society requires that the experiences of other nations' legislation in this regard be studied. Among these issues, as one of the carriers of future crimes, is the conflict of interest, which in Iran, even considering the bill on the non-intervention law passed in 1337, we still have serious problems. This has not resulted in a precise arrangement due to the (decrease in the annual index of perception of Iranian corruption in the international system). In this article, we are looking for descriptive analytical approaches to the question of whether the platforms of violation and criminalization of conflicts of interest in Iran in the field of power holders can be identified and acted upon according to the approaches of other countries. In answer to this question, it can be said that by looking at the experiences of conflict of interest control in Canadian legislation, which has increased public trust as a social capital as a result of the separation of private interests from the public in question, and its internal and legal localization, the areas of violations and crimes in the field of conflict of interest can be reduced Analyzing issues from a criminological perspective and predicting the occurrence of crimes affecting society requires that the experiences of other nations' legislation in this regard be studied. Among these issues, as one of the carriers of future crimes, is the conflict of interest, which in Iran, even considering the bill on the non-intervention law passed in 1337, we still have serious problems. This has not resulted in a precise arrangement due to the (decrease in the annual index of perception of Iranian corruption in the international system). In this article, we are looking for descriptive analytical approaches to the question of whether the platforms of violation and criminalization of conflicts of interest in Iran in the field of power holders can be identified and acted upon according to the approaches of other countries. In answer to this question, it can be said that by looking at the experiences of conflict of interest control in Canadian legislation, which has increased public trust as a social capital as a result of the separation of private interests from the public in question, and its internal and legal localization, the areas of violations and crimes in the field of conflict of interest can be reduced

https://law.tabrizu.ac.ir/article_19292_efd26d87f08b0aedc3f7f973bc8eb3a7.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 35 2024 06 24 A Comparative Study of Civil Liability in the Abuse of Rights in Iranian and French Law A Comparative Study of Civil Liability in the Abuse of Rights in Iranian and French Law 87 111 19293 10.22034/law.2024.57450.3293 FA Hadi Jorfi PhD in Private Law, University of Mazandaran, Iran Ahmad Jafari PhD in Private Law, University of Tehran, Iran Hamid Abhari Professor, University of Mazandaran, Iran Journal Article 2023 07 08 One of the controversial issues in civil liability law is the use of the right; In other words, to what extent should the right be implemented? If the implementation of a person's right is harmful for others, what is the duty of the right holder? In order to control the quality of the exercise of the right, it is necessary to specify a criterion through which the abuse of the right can be identified. Method: In terms of purpose, this writing is practical, and in terms of collection method, it is done in documentary and library form and through the study of laws and regulations and reliable sources, and the information obtained is descriptive and analytical. Regarding the findings of the research, it can be stated that, although Article 132 of the Civil Code is the basis of the legislator's view on the ruling on the abuse of the right, the divergent nature of rights has caused the limitation of the right to be two-sided; It means that sometimes the abuse of the right of guarantee is not enforced and the legislator makes the ruling on the exercise of the right absolute and sometimes prohibits the fair exercise of the right; Regarding the scope of the abuse of the right, it should be considered that the theory of abuse of the right applies only to the exercise of the right, while the rule of non-harm is not limited to the customary scope of the exercise of the right, such as the right of ownership or the right of passage. Regarding the results of the research, it can be said that the place of flow of the rule of abuse of the right is the application and implementation of the right; And in Iran's legal system, it is used to deal with the harm caused by legal rulings and to fight against the right to enforce a right that leads to another harm. On the other hand, in French law, in case of abuse in the position of enforcement of the right, the sentence of permission and falsification of the exercise of the right is removed and it has an equal relationship with the theory of negation of the sentence One of the controversial issues in civil liability law is the use of the right; In other words, to what extent should the right be implemented? If the implementation of a person's right is harmful for others, what is the duty of the right holder? In order to control the quality of the exercise of the right, it is necessary to specify a criterion through which the abuse of the right can be identified. Method: In terms of purpose, this writing is practical, and in terms of collection method, it is done in documentary and library form and through the study of laws and regulations and reliable sources, and the information obtained is descriptive and analytical. Regarding the findings of the research, it can be stated that, although Article 132 of the Civil Code is the basis of the legislator's view on the ruling on the abuse of the right, the divergent nature of rights has caused the limitation of the right to be two-sided; It means that sometimes the abuse of the right of guarantee is not enforced and the legislator makes the ruling on the exercise of the right absolute and sometimes prohibits the fair exercise of the right; Regarding the scope of the abuse of the right, it should be considered that the theory of abuse of the right applies only to the exercise of the right, while the rule of non-harm is not limited to the customary scope of the exercise of the right, such as the right of ownership or the right of passage. Regarding the results of the research, it can be said that the place of flow of the rule of abuse of the right is the application and implementation of the right; And in Iran's legal system, it is used to deal with the harm caused by legal rulings and to fight against the right to enforce a right that leads to another harm. On the other hand, in French law, in case of abuse in the position of enforcement of the right, the sentence of permission and falsification of the exercise of the right is removed and it has an equal relationship with the theory of negation of the sentence

https://law.tabrizu.ac.ir/article_19293_fb160146a7c26c9696ef60e7041d97d2.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 35 2024 06 24 The Concept and Nature of “Due Diligence” in International Law The Concept and Nature of “Due Diligence” in International Law 113 140 19295 10.22034/law.2024.57848.3307 FA Seyed Mohammad Hoseini Ph.D. Candidate in International Law, Mofid University of Qom, Iran Saeed Rahaee Associate Professor, Mofid University of Qom, Iran Journal Article 2023 08 03 Nowadays “due diligence” is considered one of the controversial issues in international law. The effectiveness of this provision in various fields of international law, including human rights, humanitarian law, international investment law, state responsibility, environmental law, and other fields of international law, has sparked many papers and research on it. Due diligence is a deliberately flexible standard in international law that requires states and intergovernmental organizations to act with utmost care in meeting their contractual and customary commitments. This maximum commitment for each country or intergovernmental organization will be different and subject to change depending on the situation and conditions of the case, the ability of the country or intergovernmental organization, the importance of the interests that are at risk of damage, and other effective components. In terms of its nature, due diligence is not only the primary rules of behavior and not the secondary rules of responsibility, but like good faith, it is a quality with which primary obligations must be fulfilled. Nowadays “due diligence” is considered one of the controversial issues in international law. The effectiveness of this provision in various fields of international law, including human rights, humanitarian law, international investment law, state responsibility, environmental law, and other fields of international law, has sparked many papers and research on it. Due diligence is a deliberately flexible standard in international law that requires states and intergovernmental organizations to act with utmost care in meeting their contractual and customary commitments. This maximum commitment for each country or intergovernmental organization will be different and subject to change depending on the situation and conditions of the case, the ability of the country or intergovernmental organization, the importance of the interests that are at risk of damage, and other effective components. In terms of its nature, due diligence is not only the primary rules of behavior and not the secondary rules of responsibility, but like good faith, it is a quality with which primary obligations must be fulfilled.

https://law.tabrizu.ac.ir/article_19295_84f45388729b8351924b405c5700b122.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 35 2024 06 24 A Comparative Study of Public Participation Instruments in Determining the Content of the Constitution A Comparative Study of Public Participation Instruments in Determining the Content of the Constitution 141 167 19296 10.22034/law.2024.57310.3288 FA Zahra Ameri Assistant Professor, University of Bojnourd, Iran Masoumeh Ameri Assistant Professor, University of Gonabad, Iran Journal Article 2023 06 28 Legislators and political elites play a major role in deciding the quality and content of the Constitution. However, now there are different methods to give more effectiveness to the position and role of the people in determining the content of the constitution, to avoid the constitution that only reflects the views of legislators and elites, strengthen the possibility of drafting and approving a new constitution with a high degree of public legitimacy. The focus of this research, which was done in a library method and with a descriptive-analytical view, is to suggest opportunities to make the process of people's participation more realistic in the stage of determining the content of the Constitution. The findings of the research show that while there is no single model for how to use public participation in the process of determining the content of the constitution, a combination of methods including requests for submissions and comments, Surveys or questionnaires, face-to-face meetings, consultative referendums, and advisory boards can be used according to circumstances to ensure that as many people are given the opportunity to participate. In addition, although public participation in constitution making is today an almost universal norm associated with legitimacy, peace, and democratic outcomes, it also carries risks. If the manner and extent of effectiveness of public votes in determining the content of the law has not been determined legally can undermine the legitimacy of the process and lead to disagreements or challenges in drafting the final text of the law. In order to achieve the best result, it is inevitable to formulate laws that specify the mechanisms and methods of its realization in a transparent manner and by requiring the use of public participation. Legislators and political elites play a major role in deciding the quality and content of the Constitution. However, now there are different methods to give more effectiveness to the position and role of the people in determining the content of the constitution, to avoid the constitution that only reflects the views of legislators and elites, strengthen the possibility of drafting and approving a new constitution with a high degree of public legitimacy. The focus of this research, which was done in a library method and with a descriptive-analytical view, is to suggest opportunities to make the process of people's participation more realistic in the stage of determining the content of the Constitution. The findings of the research show that while there is no single model for how to use public participation in the process of determining the content of the constitution, a combination of methods including requests for submissions and comments, Surveys or questionnaires, face-to-face meetings, consultative referendums, and advisory boards can be used according to circumstances to ensure that as many people are given the opportunity to participate. In addition, although public participation in constitution making is today an almost universal norm associated with legitimacy, peace, and democratic outcomes, it also carries risks. If the manner and extent of effectiveness of public votes in determining the content of the law has not been determined legally can undermine the legitimacy of the process and lead to disagreements or challenges in drafting the final text of the law. In order to achieve the best result, it is inevitable to formulate laws that specify the mechanisms and methods of its realization in a transparent manner and by requiring the use of public participation.

https://law.tabrizu.ac.ir/article_19296_cffdf30474d9b87d7df925d94f0229e4.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 35 2024 06 23 A Comparative Study on the Legal Challenges of Application of Jurisdiction Due to Nationality of the Victim A Comparative Study on the Legal Challenges of Application of Jurisdiction Due to Nationality of the Victim 169 194 19298 10.22034/law.2024.60116.3358 FA Hossein Fakhr Associate Professor, University of Tabriz, Iran Journal Article 2024 01 17 The criminal jurisdiction due to the victim's nationality, according to which any state can deal with the crimes committed against its nationals in the territory of another state, is not established in international law, but no international treaty or custom prohibits the sovereign states from applying it. The laws of countries with established legal systems have deferred its application to considerations and conditions such as the severity of the crime and the permission of the judicial authorities. Although the Islamic Penal Code of 1392 has limited the application of the mentioned principle to the presence of the trial, the rule of double criminality and the rule of prohibition of retrial, but with the limited acceptance of the rules of double criminality and the prohibition of retrial only in unspecified ta’zir crimes, the way to avoid them in other crimes committed against Iranians or Iranians abroad. Accepting the aforementioned principle of jurisdiction without considering criteria such as the relative severity of the crime and narrowing the rule of prohibition of re-trial to the definitive rulings of the country where the crime occurred can intensify the conflict of jurisdiction between Iranian and foreign courts. Therefore, considering some logical objections to the mentioned principle, it is necessary to limit the scope of its implementation by modifying the existing conditions and adding other conditions. The criminal jurisdiction due to the victim's nationality, according to which any state can deal with the crimes committed against its nationals in the territory of another state, is not established in international law, but no international treaty or custom prohibits the sovereign states from applying it. The laws of countries with established legal systems have deferred its application to considerations and conditions such as the severity of the crime and the permission of the judicial authorities. Although the Islamic Penal Code of 1392 has limited the application of the mentioned principle to the presence of the trial, the rule of double criminality and the rule of prohibition of retrial, but with the limited acceptance of the rules of double criminality and the prohibition of retrial only in unspecified ta’zir crimes, the way to avoid them in other crimes committed against Iranians or Iranians abroad. Accepting the aforementioned principle of jurisdiction without considering criteria such as the relative severity of the crime and narrowing the rule of prohibition of re-trial to the definitive rulings of the country where the crime occurred can intensify the conflict of jurisdiction between Iranian and foreign courts. Therefore, considering some logical objections to the mentioned principle, it is necessary to limit the scope of its implementation by modifying the existing conditions and adding other conditions.

https://law.tabrizu.ac.ir/article_19298_b36cebdcc180df9f50a4c630c39e5a88.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 35 2024 06 24 Explaining the Concept of Corporate Opportunities and Strategy to Prevent Them from Appropriating by Directors (A Comparative Study of the Legal System of the United States, England and Iran) Explaining the Concept of Corporate Opportunities and Strategy to Prevent Them from Appropriating by Directors (A Comparative Study of the Legal System of the United States, England and Iran) 195 232 19300 10.22034/law.2024.57443.3294 FA Reza GHoliniya Ph.D. Candidate in Private Law, Islamic Azad University, North Tehran Branch, Iran Esmaeil Shahsavandi Assistant Professor, Islamic Azad University, North Tehran Branch, Iran Amir Abas Bozorgmehr Assistant Professor, Islamic Azad University, North Tehran Branch, Iran Ali Reza Mashhadizadeh Assistant Professor of Islamic Azad University, Tehran Branch, Center, Iran Journal Article 2023 07 09 The prompt cycle of information always puts companies in business situations that profitability in them strongly tempts the directors to exploit them for their own private interests, which is naturally in conflict with the interests of the company. The “Doctrine of Corporate Opportunities”, as a part of the more comprehensive concept of “fiduciary duty” with a long historical history, is one of the exclusive tools that by establishing regulations and principles such as the need to disclose to prevent the acquisition of business opportunities, to confront the risk of their deviation, and finally regulate the process of correct allocation, the roots of which can be seen in Iran’s legal system. There are several tests to identify corporate opportunity, which their review shows that the “ownership-oriented” approach to opportunities in the United States greatly empowers directors in developing economic activities while in UK the “behavior-oriented” approach of the Companies Act 2006 has prioritized the requirement to have loyalty. In Iran’s legal system Since the corporate opportunity has the characteristics required by law, including rational benefit, it should be accepted in the new list of valuable assets of companies and as an intangible asset The prompt cycle of information always puts companies in business situations that profitability in them strongly tempts the directors to exploit them for their own private interests, which is naturally in conflict with the interests of the company. The “Doctrine of Corporate Opportunities”, as a part of the more comprehensive concept of “fiduciary duty” with a long historical history, is one of the exclusive tools that by establishing regulations and principles such as the need to disclose to prevent the acquisition of business opportunities, to confront the risk of their deviation, and finally regulate the process of correct allocation, the roots of which can be seen in Iran’s legal system. There are several tests to identify corporate opportunity, which their review shows that the “ownership-oriented” approach to opportunities in the United States greatly empowers directors in developing economic activities while in UK the “behavior-oriented” approach of the Companies Act 2006 has prioritized the requirement to have loyalty. In Iran’s legal system Since the corporate opportunity has the characteristics required by law, including rational benefit, it should be accepted in the new list of valuable assets of companies and as an intangible asset

https://law.tabrizu.ac.ir/article_19300_d60e509a4e0478c079aeb754526c5823.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 35 2024 06 24 The Principle of Dividing Damages Based on the Impact of the Behavior of the Preptrators; Legal Basics, Conditions of Executive Rules and It’s Domain in Iranian Law The Principle of Dividing Damages Based on the Impact of the Behavior of the Preptrators; Legal Basics, Conditions of Executive Rules and It’s Domain in Iranian Law 233 260 19302 10.22034/law.2024.59117.3332 FA Eghbal Ali Mirzaei Assistant Professor, University of Kurdistan, Iran Journal Article 2023 11 06 If two or more persons cause damage, the loss is divided between them according to legal rules. By one of these rules, each person is responsible for the extent of the effect of his action. This rule is followed in the Islamic Penal Code approved in 2013. In addition, by provisions of that law, it seems that the division of damages based on the degree of effect of acts is the principle of division of civil liability in Iranian law: according to Article 526, if the effect of the acts of the perpetrators is different, they are responsible for the effect of their acts and accordingly, damages should be apportioned differently. Also, according to Article 527 that law, if the effect of the behavior is equal, the responsibility is divided equally. It is necessary for the implementation of these provisions that the judge conducts sufficient research on the amount of each agent's behavior. So, if he decides without investigating, he has violated the law. Thus, if by the necessary research, the degree of causation of each agent is not known, based on the principle of equality, the responsibility of all agents is equal. Although these rules are considered doubtful in legal thought, the judicial procedure has been successful in enforcing the law. The unanimous decision No. 799 of the General Board of the Supreme Court confirms this claim. That decision refers to the partial distribution of financial losses based on the degree of causation of each agent. Thus, in the case of acquiring property through illegal ways, everyone has caused a loss equal to the money that was acquired illegally. Also, in the case of other types of damages, the extent of the impact of the behavior of each of the agents could be determined with evidentiary reasons such as expert opinion. If two or more persons cause damage, the loss is divided between them according to legal rules. By one of these rules, each person is responsible for the extent of the effect of his action. This rule is followed in the Islamic Penal Code approved in 2013. In addition, by provisions of that law, it seems that the division of damages based on the degree of effect of acts is the principle of division of civil liability in Iranian law: according to Article 526, if the effect of the acts of the perpetrators is different, they are responsible for the effect of their acts and accordingly, damages should be apportioned differently. Also, according to Article 527 that law, if the effect of the behavior is equal, the responsibility is divided equally. It is necessary for the implementation of these provisions that the judge conducts sufficient research on the amount of each agent's behavior. So, if he decides without investigating, he has violated the law. Thus, if by the necessary research, the degree of causation of each agent is not known, based on the principle of equality, the responsibility of all agents is equal. Although these rules are considered doubtful in legal thought, the judicial procedure has been successful in enforcing the law. The unanimous decision No. 799 of the General Board of the Supreme Court confirms this claim. That decision refers to the partial distribution of financial losses based on the degree of causation of each agent. Thus, in the case of acquiring property through illegal ways, everyone has caused a loss equal to the money that was acquired illegally. Also, in the case of other types of damages, the extent of the impact of the behavior of each of the agents could be determined with evidentiary reasons such as expert opinion.

https://law.tabrizu.ac.ir/article_19302_a0e90ec5474d9106f76e577c573cdc0b.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 35 2024 06 24 The Principles for Assessing and Calculating of Damages In Loss of Profit Insurances The Principles for Assessing and Calculating of Damages In Loss of Profit Insurances 261 292 19303 10.22034/law.2024.59203.3338 FA Mona Abdi PhD in Private Law, Shahid Beheshti University, Tehran, Iran Abbas Mirshekari Assistant Professor, University of Tehran, Iran Journal Article 2023 11 13 Loss of profit insurance or business interruption insurance is one of the most practical insurances available in the insurance market of many countries, whose importance in the economic and insurance system is undeniable. Statistical studies in many countries have also proven the importance and applicability of this type of insurance in modern societies. Despite of the importance of this type of insurance, Iranian insurance system, only points out its name without using it commonly while in some countries, especially in America, these insurances have been provided for a long time and valuable experiences have been gained in this field. Therefore, it is necessary to use the experiences gained from developed countries in this field in reviewing the regulations of these insurances. On the other hand, compensation for loss of profit is still faces doubts and uncertainties in Iranian's legal system. Hence accepting and using more of this type of insurance has double importance in Iranian legal system and can be one of the solutions to compensate this type of damage in the current situation. Therefore, and based on this necessity, we have tried to introduce this type of insurance, the reasons for their legal and economic importance, the variety of this type of insurance, and the most important principles and criteria for evaluating and calculating loss of profit damage with a comparative and analytical approach. Loss of profit insurance or business interruption insurance is one of the most practical insurances available in the insurance market of many countries, whose importance in the economic and insurance system is undeniable. Statistical studies in many countries have also proven the importance and applicability of this type of insurance in modern societies. Despite of the importance of this type of insurance, Iranian insurance system, only points out its name without using it commonly while in some countries, especially in America, these insurances have been provided for a long time and valuable experiences have been gained in this field. Therefore, it is necessary to use the experiences gained from developed countries in this field in reviewing the regulations of these insurances. On the other hand, compensation for loss of profit is still faces doubts and uncertainties in Iranian's legal system. Hence accepting and using more of this type of insurance has double importance in Iranian legal system and can be one of the solutions to compensate this type of damage in the current situation. Therefore, and based on this necessity, we have tried to introduce this type of insurance, the reasons for their legal and economic importance, the variety of this type of insurance, and the most important principles and criteria for evaluating and calculating loss of profit damage with a comparative and analytical approach.

https://law.tabrizu.ac.ir/article_19303_b172b6baa8bbcbabb43ced07209a3cc4.pdf