THE CRITERION OF APPORTIONMENT THE LOSS BETWEEN THE TORTFEASORS: A COMPARATIVE STUDY IN COMMON LAW AND ROMAN-GERMANIC LAW

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KAZEMI MAHMOUD

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Journal: PRIVATE LAW STUDIES Year:2014 | Volume:44 | Issue:1 Page(s): 69-85

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Title

THE CRITERION OF APPORTIONMENT THE LOSS BETWEEN THE TORTFEASORS: A COMPARATIVE STUDY IN COMMON LAW AND ROMAN-GERMANIC LAW

Author(s)

KAZEMI MAHMOUD | Issue Writer Certificate

Keywords

APPORTIONMENT OF LIABILITYQ2

CAUSATIONQ2

CONTRIBUTORY NEGLIGENCEQ1

DEGREE OF FAULTQ1

EQUAL LIABILITYQ2

JUST AND EQUITABLEQ2

Abstract

When the victim contributes to the damage, the APPORTIONMENT OF LIABILITY is necessary, and the amount of compensation awarded to the victim should be reduced. Also, when more than one person injures someone, the liability must be divided between them. But the problem is that how to apportion liability? Should the liability be apportioned equally or different? And if the latter is true, how the share of any one is determined? In foreign legal system, specially, common law and Romano- Germanic law, there are different idea in this regard, and the case law has impressive evolutions. This paper criticizes the available solutions in foreign legal system and will attempt to examine the evolution of case law and doctrine in this field and express the solution that now govern in common law and Romano-Germanic law.

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APA: Copy

KAZEMI, MAHMOUD. (2014). THE CRITERION OF APPORTIONMENT THE LOSS BETWEEN THE TORTFEASORS: A COMPARATIVE STUDY IN COMMON LAW AND ROMAN-GERMANIC LAW. PRIVATE LAW STUDIES, 44(1), 69-85. SID. https://sid.ir/paper/124992/en

Vancouver: Copy

KAZEMI MAHMOUD. THE CRITERION OF APPORTIONMENT THE LOSS BETWEEN THE TORTFEASORS: A COMPARATIVE STUDY IN COMMON LAW AND ROMAN-GERMANIC LAW. PRIVATE LAW STUDIES[Internet]. 2014;44(1):69-85. Available from: https://sid.ir/paper/124992/en

IEEE: Copy

MAHMOUD KAZEMI, “THE CRITERION OF APPORTIONMENT THE LOSS BETWEEN THE TORTFEASORS: A COMPARATIVE STUDY IN COMMON LAW AND ROMAN-GERMANIC LAW,” PRIVATE LAW STUDIES, vol. 44, no. 1, pp. 69–85, 2014, [Online]. Available: https://sid.ir/paper/124992/en

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