Compensation of Loss of Prospective Profits Caused by Payment Delay in the Banking System

One of the banking system`s problems is the delay of customers` repaying the installments of facilities at due date which causes to increase the bulk of the non current claims and the damages caused by this problem. In Iran`s banking system, the penalty clause is the only basis of the compensation. This theory is faced by the usurious problem. In seeking  an  alternative tactic, the researchers have given some suggestions.  Based on the evidence of "no injury and no loss ", the liability of loss of prospective profits is one of these tactics; because, due to the delay of repaying the debt, the banks will lose their opportunity to using the capital, and acquiring its probable benefits. This issue needs to be proven by two subjects: the first is the positive role of no injury and no loss, and the other is to be loss of lack of profit; because whether the rule "no loss" is including the loss originated by the lack of profit, there is disagreement.  Similarly, on the assumption of proof of this fact, whether the lack of profit is considered as the loss or not, is a serious disagreement of the jurisprudents.
With passing these two theoretical obstacles, this paper has tried to take a step towards the plan of the problem; specially, it is with due attention to the particular situation of the banking system in which the loss of profits acquired by the delay payment is very  considerable, and the mentioned solution is not faced by the usurious problem too.