An Analysis of the Legislative Economic Perspective on Some Rules for Compensation for Property Damage

One of the main duties of the legislature is to enact laws and regulations in compliance with economic interests, as it has done in the case of compensation, and in some laws, by applying an economic view, the method of payment is preferred to other methods of compensation. Is. Basically, the legislator in civil liability has provided methods and principles for compensation, such as according to Article 328 of the Civil Code, in case of loss of property in the first instance and in the absence of a proverb, has ordered to pay a price, and in the case of guardian property It orders compensation by paying a price, but the legislature in Article 3 of the Civil Liability Law allows the court to choose and apply the method of compensation based on the circumstances; Now, the fundamental question is whether in Iranian law, the rules of civil liability may in some cases be amended instead of the acts enumerated in the law, and the legislator, instead of ruling on the same property, may adopt another method, such as To be compensated at the discretion of the court and according to the circumstances? It seems that the legislator has this in mind as a rule and has followed it in certain cases, and this has not been just an example. Therefore, we will try to study this issue as a rule and criterion in Iranian law.