Theory of "Lost Opportunity" Theory in Iranian Law

  •  Masoud Khoshgovari    
  •  Mohammadreza Sharafatpeima    


"Lost opportunity" theory by considering opportunities valuable as a chance, fortunes, and with the beliefs that opportunity is a material and spiritual right which has been violated by guilty. Therefore, it seeks for an approach to compensate the damage resulted from the loss of opportunity for gaining a profit or avoiding losses.

This theory has been accepted for many years in European and American countries and in the courts, leads to issue many verdicts. However, either in Iranian law or jurists' and theologians opinions, there is no writing to confirm or deny this fact expressly. Also, about this theory sometimes there is no sputum and distinguishing between these two issues for its own complexities, as well as the parallel with the non-profit issue.

Though contemplated on the basis of civil liability established in some laws such as Article VI of the civil liability law, for example, the rule of remuneration in sharecropping, it becomes clear that the legislator shows flexibility. Also, according to the conventional view and the context of some Jurists, the general rule has no harm, which considers the base of the civil liability as valuable.

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