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Abstract

The concept of repairable damage is completely defined in the Civil Liability Act (1960) as well as in the Civil Law works. Despite this clarity, the same concept is subject to some restrictions in the judicial decisions of the Iranian Supreme Court: in comparison with its pure theoretical concept, the repairable damage in its judicial concept, as offered by the Supreme Court, has a narrower domain. While the loss of certain profits and the cost imposed on the victim as a result of mitigating damages are
considered by the Doctrine as claimable, the Supreme Court has
maintained that such losses are consequential. I have tried, in this article, to criticize this attitude of the Supreme Court on the basis of the legal priciples and the Islamic Jurisprudence.