Critical review of the condition of "foreseeability of loss" in civil liability based on economic analysis, a comparative study in Iran, France and Common Law
The purpose of this article is to explain the current situation and the desirable and necessary condition of "foreseeability of loss" in contemporary civil liability law based on the descriptive-analytical, comparative and critical method. The aforementioned condition is one of the rules of civil liability law, which is explained and evaluated in this article after criticizing its justifying bases from the perspective of classical and traditional legal theories, based on the evaluation of its positive and negative consequences in the form of the economic model of cost-benefit analysis. Criticism of the classical explanations about the nature and legal position of the condition of "foreseeability of loss" in the laws of Iran, France, England and America according to the results of the economic analysis of this condition in common law shows that this condition, which has been justified as one of the independent conditions of civil liability based on various bases such as the relationship of customary causation, fault, social considerations (the need to maintain mental security and courage necessary in social life and professional relationships) and moral considerations (justice and fairness), from the point of view of the economic analysis of law and even the analysis of the customary cause and effect relationship , cannot be justified as one of the independent conditions of civil liability, and even as one of the obstacles to the realization of force majeure. Therefore,in order to maximize the prevention of losses from the point of view of the economic analysis of law, it is appropriate to remove this condition from the number of independent conditions for claiming damages.
Ghasemi, M. (2026). Critical review of the condition of "foreseeability of loss" in civil liability based on economic analysis, a comparative study in Iran, France and Common Law. Journal of Comparative Law, 10(1), -. doi: 10.22080/lps.2025.28109.1686
MLA
Mohsen Ghasemi. "Critical review of the condition of "foreseeability of loss" in civil liability based on economic analysis, a comparative study in Iran, France and Common Law", Journal of Comparative Law, 10, 1, 2026, -. doi: 10.22080/lps.2025.28109.1686
HARVARD
Ghasemi, M. (2026). 'Critical review of the condition of "foreseeability of loss" in civil liability based on economic analysis, a comparative study in Iran, France and Common Law', Journal of Comparative Law, 10(1), pp. -. doi: 10.22080/lps.2025.28109.1686
CHICAGO
M. Ghasemi, "Critical review of the condition of "foreseeability of loss" in civil liability based on economic analysis, a comparative study in Iran, France and Common Law," Journal of Comparative Law, 10 1 (2026): -, doi: 10.22080/lps.2025.28109.1686
VANCOUVER
Ghasemi, M. Critical review of the condition of "foreseeability of loss" in civil liability based on economic analysis, a comparative study in Iran, France and Common Law. Journal of Comparative Law, 2026; 10(1): -. doi: 10.22080/lps.2025.28109.1686
)