The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

The Binding Precedent No. 811 Rendered by the Supreme Court from the Perspective of the Theory of Lucrative Fault with a Comparative study in French law

Document Type : Original Article

Author
Department of Specialized Law, Faculty of Law, University of Religions and Denominations, Qom, Iran
Abstract
Analyzing the binding precedent No. 811 rendered by the Supreme Court of Iran, the present study examines the foundations of the theory of lucrative fault and its adapts it to the structure of French civil law. The aforementioned judgment, in obliging the seller to pay the current price of the property that has turned out to belong to another person, assuming that the sale is void, goes beyond the level of compensation for material damage and focuses on depriving the tortfeasor of undue benefit.Such an approach shows that the logic of Binding Precedent No. 811 is inspired by the principles of distributive justice and, in practice, directs the Iranian civil liability system towards economic deterrence. This development marks a shift from traditional exchange justice to a system that aims to restore economic balance by eliminating illegitimate profit and establishing a link between individual justice and social justice.In French law, the shift in the idea of ​​civil liability towards economic justice has led the judge, faced with behaviors that generate illegitimate profits, to order the return of those profits in order to eliminate the incentive to exploit the rules of the law improperly.This approach, centered on the principle of balance and fairness, has transformed compensation from a personal framework into a social duty, and thus, has removed civil justice from a passive state and placed it in a deterrent position. In Imami jurisprudence, the rule of liability resulting from benefits and the principle of “anyone who receives a benefit has to accept a responsibility” confirm this foundation and state that any unjustified profit creates an obligation to compensate. A comparison between the two legal systems of Iran and France reveals that both are moving towards establishing economic justice and preventing acquisition of unjust profit, and the Binding Precedent No. 811 can be considered the first step in accepting the idea of ​​lucrative fault in the Iranian legal system. The innovation of this research is reflected in providing an applied model for reviewing the civil liability law and delineating the role of the judge in deprivation of undue advantage.


Keywords

Amini, Azam, Abak, Sedigheh, (2011), “A Theoretical Examination of Deterrence and Disgorgement Theories Regarding Punitive Damages in Civil Liability Claims,” Encyclopedia of Economic Law, 21(6), 113–77, (in Persian)
Hilli, Hasan ibn Yusuf (1414 AH), Tadhkirat al-Fuqaha, Qom: Mu’assasat Al al-Bayt, (in Persian)
Karimi Nia, Musa, Shiri, Hamed, (2022), “The Scope of Compensation in Light of Unification of Judicial Practice Decision No. 733 of the Supreme Court,” Contemporary Fiqh and Law, Vol. 21, No. 3, pp. 5–17, (in Persian)
Hajipour, Morteza (2020), “Analysis of Unification of Judicial Practice Decision No. 811 Concerning the Restoration of the Parties’ Purchasing Power in Case of Rescission of Sale,” Quarterly Journal of Civil Studies, Vol. 12, No. 2, pp. 151–176, (in Persian)
Jafari, Nasrollah, Naseriparisa, (2024), “The Current Value of the Subject Matter of Sale in Assessing the Buyer’s Damages and Systematizing Unification of Judicial Practice Decision No. 81,” Shiraz Legal Studies, 16(3), pp. 193–217, (in Persian)
Sadeghian, Mahdieh, Zia al-Eslami, Ali, Sadeghi, Rad Mahdi, (2024), “A Critical Analysis of the Foundations of Unification of Judicial Practice Decision No. 811 of the General Assembly of the Supreme Court,” Legal Research, 27(3), 255–274, (in Persian)
Sadeghi Moghaddam, Mohammad Hassan, Nouri Youshanlouei, Jafari, (2011), “The Foundations of Fault-Based Restitution and the Evolution of Civil Liability in Iranian and French Law with Emphasis on the Recognition of Non-Compensatory Damages,” Law Quarterly, Faculty of Law, University of Tehran, 41(4), 239–256, (in Persian)
Karimi, Sahar, (2023), “The Legal Status of Transactions Subsequent to a Rescinded Transaction; A Critique of Unification of Judicial Practice Decision No. 810 of the Supreme Court,” Naqd va Tahlil-e Ara-ye Ghazaei (Judicial Decisions Review and Analysis), 2(3), 106–130, doi: 10.22034/analysis.2024.2007565.1037  (in Persian)
Javadi, Mehdi, (2023), “Analysis and Critique of the Unification of Judicial Practice Decision of the General Assembly of the Supreme Court Regarding the Seller’s Liability under Warranty of Title,” (3), 15–57, doi: 10.22034/analysis.2023.1971204.1009 (in Persian)
Khansari, Jalal al-Din Mohammad (1981), Sharh Ghurar al-Hikam wa Durar al-Kalim, Vol. 1, 2nd ed., Tehran: University of Tehran, (in Persian)
Davoudi, Hossein (2021), “The Legislative History and Capacities of the Supreme Court in Issuing Unification of Judicial Practice Decisions,” Specialized Journal of the Supreme Court, Year 20, No. 60–1, (in Persian)
Alizadeh, Yaghoub, (2025), “The Jurisprudential and Legal Foundations of Public Order,” Legal Research, 28(3), 245–64, (in Persian)
Rafiei, Mohammad Reza (2022), “Establishing Judicial Uniformity: Foundations, Solutions and Challenges,” Judiciary Publications, Special Issue of the Supreme Court. , (in Persian)
Rouhani, Seyyed Mohammad Sadegh (1412 AH), Fiqh al-Sadiq, Vol. 2, Qom: Dar al-Kitab, (in Persian)
Safaee, Seyyed Hossein and Rahimi, Habibollah (2019), Civil Liability (Obligations Outside Contract), Tehran: SAMT, (in Persian)
Saadat-Mostafavi, Seyyed Mostafa and Paykar, Mohammad Javad (2017), “A New Approach to the Foundations of Civil Liability in Iranian Law and Imami Jurisprudence,” Biannual Journal of Jurisprudential Teachings, Vol. 3, No. 1, pp. 161–185, (in Persian)
Katouzian, Nasser (1998), Philosophy of Law, Vol. 2, Tehran: Sherkat Sahami-ye Entechar, (in Persian)
Katouzian, Nasser (2011), Obligations Outside Contract (Civil Liability), Vol. 1, Tehran: University of Tehran, (in Persian)
Katouzian, Nasser (2021), Introductory Course in Civil Law (Property and Ownership), Tehran: Mizan, (in Persian)
Yazdanian, Alireza (2007), General Rules of Civil Liability, Vol. 1, Tehran: Mizan, (in Persian)
Fabre-Magnan, Muriel (2017), Obligations – Civil Liability, Paris: PUF, (in French)
Jourdain, Patrice (2011), The Principles of Civil Liability, Paris: Dalloz, (in French)
Larroumet, Christian (2020), Civil Liability and Compensation for Damage, Paris: Economica, (in French)
Mazeaud, Henri and Léon (2005), Theoretical and Practical Treatise on Civil and Criminal Liability, Paris: Montchrestien, (in French)
Terré, François and Simler, Philippe (2019), Civil Law – Obligations, Paris: Dalloz, (in French)
Tunc, André (1967), Civil Liability, Paris: Librairie générale de droit et de jurisprudence, (in French)
Viney, Geneviève (2001), Liability – Conditions, Paris: LGDJ, (in French)
Aubert, Marie (2022), “The Recognition of Profitable Faults: A Solution to the Problem of Punitive Civil Liability,” Revue de Droit Privé, no. 4, pp. 275–290, (in French)
Bénabent, Alain (2024), “An Illustration of Profitable Fault,” Journal de la Responsabilité Civile, vol. 27, no. 3, pp. 255–274, (in French)
Drai, Stéphane (2022), “Sanctioning Profitable Fault Through Civil Fine,” Recueil Dalloz, no. 14, pp. 239–256, (in French)
Dupuis, Laurence (2024), “The Impact of the Future Reform of the Effects of Civil Liability and Grounds for Exemption,” Journal de la Responsabilité Civile, vol. 27, no. 3, pp. 255–274, (in French)
Fromont, Michel (2019), “Profitable Fault and the Reform of Civil Liability Law,” Revue des Contrats, no. 3, (in French)
Gavalda, Gabrielle (2023), “Profitable Fault: A Concept in the Making in French Law,” Revue des Sciences Juridiques et Sociales, vol. 16, no. 3, pp. 193–218, (in French)
Lacoste, Julien (2022), “Profitable Faults and Damage Insurance,” Revue Lamy Assurances, no. 7, pp. 101–121, (in French)
Le Tourneau, Philippe (2020), “The Constitutionalization of Civil Liability,” Revue de la responsabilité civile et des assurances, no. 4, (in French)
 
Piron, Pauline (2021), “Developments in Civil Liability in France,” Revue Trimestrielle de Droit Civil, vol. 120, no. 2, (in French)
Séverac, Anne (2022), “Profitable Fault and Its Sanction: A Penal Shadow over the Effects of Civil Liability,” Revue de Droit et de Jurisprudence, no. 2, (in French)
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