Compensation for Future Damages in Contractual and Tortious Liability under Iraqi and Iranian Law

Abstract

This research addresses the issue of compensation for future damages in contractual and tortious liability under Iraqi and Iranian law, through a comparative study aimed at highlighting the legal foundations and implementation mechanisms in both legal systems. The research begins by defining future damages and explaining their characteristics, then explains the foundations upon which compensation is based in both laws. It then analyzes contractual liability, reviewing the general rules and mechanisms for calculating compensation, focusing on the methods used by Iraqi and Iranian courts to determine future damages within the framework of contracts. The research then addresses tort liability, examining the legal foundations and mechanisms for assessing and compensating for future damages resulting from harmful acts, while offering a comparison between legislation and judicial application in both countries. Finally, the research presents an analytical comparison between Iraqi and Iranian law, highlighting similarities and differences, and offering a critical evaluation and development proposals to enhance the protection of rights and develop legal texts. The research concludes that there is a clear need to establish clearer and more accurate mechanisms for assessing future damages, ensuring justice and balance between the parties to the conflict. This research includes an analysis of Iraqi and Iranian civil law provisions, a study of legal jurisprudence and scholarly opinions, and a review of relevant judicial rulings. The aim is to achieve a comprehensive understanding of how to calculate compensation for future damages and to identify the mechanisms for doing so. The research also seeks to draw conclusions that can contribute to proposing improvements in legislation and judicial practice through a thorough comparison of laws and judicial applications, with a focus on strengthening justice and guaranteeing the rights of all parties. In short, the research methodology combines legal analysis, comparative study, and scholarly and judicial review to achieve the research's scientific objectives and formulate practical and applicable recommendations.