Liability for Trial Losses

Before the Islamic revolution, in Act no.712 of former Civil Legal Procedure Code liability caused by prosecution was stipulated in the law and the courts would hold the loser of the case liable to the prosecution costs, attorney cost etc. However, with the victory of the revolution and compilation of a law complying with Shiite laws this Act was questioned by jurisprudents. It was ratified by the expediency council in 2000 that the loser of the case is liable to losses in the prosecution in all types of legitimate claims. In this article jurisprudential foundations of this Act and related Acts have been investigated and criticized. It is finally demonstrated that to keep the loser of the case unconditionally liable to the losses of the prosecution is not jurisprudentially justifiable according to reasons mentioned.