Volume 20, Issue 1 (2016)
CLR 2016, 20(1): 103-125 |
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Soltaninejad H. Comparative Study of Group Loss in The Common Law, France and Iran’s Legal system. CLR 2016; 20 (1) :103-125
URL: http://clr.modares.ac.ir/article-20-857-en.html
URL: http://clr.modares.ac.ir/article-20-857-en.html
Abstract: (9869 Views)
Consequential damages entered on all members of a group or population araising from their membership or having identity, interests, goals, or any other common aspect are called “collective or group loss”. In this paper, the concept, characteristics, capabilities and motion compensation claim for such damages at Common Law, France and Iran’s legal system comparatively have been studied. Litigation Group in common law legal system, especially in England and America, is widely accepted. In France, only class actions brought to the court by the representative of legal personality for the indemnity corporate groups has been accepted. In Iran, there is no explicit law in this regard. However, based on general principles of law and the Article 1 of Law of Civil Liability, mass losses seem to be compensatable, and litigation on behalf of collectors or in the absence of legal personality by every benifitionary is possible.
Received: 2015/06/24 | Accepted: 2016/06/14 | Published: 2016/06/19
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