Document Type : research
Authors
1
PhD student, Department of Private Law, Faculty of Humanities, North Tehran Branch, Islamic Azad University, Tehran, Iran.
2
Assistant Professor, Department of Private Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
3
Assistant Professor, Department of Private Law, Faculty of Humanities, North Tehran Branch, Islamic Azad University, Tehran, Iran.
4
Assistant Professor of Private Law Department, North Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2023.412784.1523
Abstract
Background and Aim: Attribution in civil responsibility, especially when several factors are involved in the occurrence of losses, is one of the important issues that has always been the subject of debate and opinion. The purpose of this article is to investigate the attribution of civil liability in Iranian law with a view to American law.
Materials and Methods: This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: In Iranian law, the attribution of civil liability is determined based on longitudinal and transverse causes and according to the impact of each factor. In American law, however, based on the principle of proportional cause, on the basis of custom, the role of the cause of loss and damage is determined based on the element of knowledge regarding the occurrence of damage. Based on the principle of proportional cause, it is possible to identify the role of each cause by relying on custom, and the cause that has the main effect on the result can be held responsible.
Conclusion: There is a lot of similarity in Iranian and American laws regarding the attribution of civil liability. In American law, the basis of fault is used to assign civil responsibility, and on the other hand, in American law, there are different degrees of fault, and based on these degrees of fault, the amount of responsibility and compensation of the guilty person is calculated and evaluated, while in Iranian law, the degree of fault is in the amount Responsibility is not effective.
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