Distinction between Loss of Profit and Distruction of benefit: With an Emphasis on Crtitiqe and Analysis of the Judgments Rendered by Branch 20 of the Tehran General Civil Court and Branch 80 of the Appellate Court of Tehran Province

Loss of profit is one of damages that - especially after the Islamic revolution - has faced many challenges in the legal system of Iran. The legislator has stipulated that this damage cannot be compensated and also this type of damage is not considered a loss based on the opinion of the famous Imamiya jurists. This two reasons caused that loss of profit to be considered absolutely irrecoverable in Iran's legal system . Due to the great economic and legal importance of this type of damage and the acceptance of its compensability in majority of legal systems and even international documents, this approach of the legislator faced many criticisms by jurists and legal and judicial changes were happen in this regard. Also, various interpretations were presented by some legal writers in order to limit the scope of the prohibition , it is necessary to pay attention to the key point that loss of profit is different from some similar damages and the method of their evaluation and calculation is also different based on the difference in their nature and degree of certainty, which is still sometimes in some legal works and even in some judgments are confused with each other. Although sometimes this confusion of concepts may be intentional and simply as a way to remove legal and jurisprudential obstacles in order to compensated loss of profits in Iran's legal system, but it is impossible to extend the rule of two issues to each other, which are both theoretically and practically different from each other.The upcoming verdict is one of such judgments that, despite the fact that the judge issuing it made an effort to recognize this kind of damage as compensable one, but it seems that there was a confusion in describing the true nature of the damage.