COMPARATIVE STUDY OF REPARABILITY OF ECONOMIC LOSS IN TORT LAW

In this article economic loss means those losses occurring independently of physical damage to things or to a person's body or health. There are two main positions about reparability of these losses: In some countries like French, Belgium, Spain, Italy and Luxembourg as a principle rule economic loss is recoverable and there is no difference between economic loss and other losses. But in some other countries like Germany, England, America, Canada, Switzerland, Scandinavian countries and Austria there is a rule of no-recovery in tort for pure economic loss and such losses is recoverable only in exceptional cases. Considering some laws in Iran's legal system and their foundations in Islamic jurisprudence, we can set Iranian law in last group. It seems that considering social and economic observations this is a positive feature of Islamic law and Iran's legal system and not its defect.