The Criterion of Apportionment of Liability in Several Causes and Its Development in Iranian law

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SAFAII HOSEIN; Badini Hasan; Abaslo Bakhtiyar; SALEHI SAEEDE

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Journal: Journal of Judicial Law Views Year:2019 | Volume:24 | Issue:84 Page(s): 147-164

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Title

The Criterion of Apportionment of Liability in Several Causes and Its Development in Iranian law

Author(s)

SAFAII HOSEIN | Badini Hasan | Abaslo Bakhtiyar | SALEHI SAEEDE | Issue Writer Certificate

Keywords

the criterion of apportionment of liabilityQ1

several causesQ1

faultQ2

development of lawQ1

Abstract

One of the most important topics in the law of civil liability, in the case that two or several factors are causing the damage is discussion of how to distribute the damages and the participation of each factor in the process of part payment of the damage. In any event, given that responsibility should be determined on the basis of liability rules, which in the Iranian law are mostly arising from the titles: The criteria for apportion into the criterion of equality, degree of affection and degree of fault. By studying different sources of jurisprudence and paying attention to the analytical theories of the Jurisprudence, we can find that the distribution of damage (according to) based on equalization of causes, are their well-known approach and opinion, and if we consider the defects on other criteria and attend to the point that those criteria are not proposed dogmatically, But they are suspicious and probable, the value of the criterion of equality is better understood. Also, in Iranian law, by reviewing various laws, it can be said that: The criterion of equality is accepted as a general rule in Iranian law, for which there are Justified reasons, including the facility of prosecution, determining the impact of each factor, preventing the prorogation of trial, the relationship with the purpose of civil liability that is compensation for lost, the securance of justice and also this criterion is consistent with the well-known opinion of jurisprudents and the Iranian legal system. Therefore, the other criterion that is accepted in Article 14 of the Civil Liability Code and Article 526 of the new Islamic Penal Code is an exception of the principle and applies only in certain cases. Therefore, the the criterion of equality has been more or less effective than the other. The same meaning is inferred from Article 526 of the new Criminal Code. In this research, by analytical and descriptive study of legal thought and legal articles, on solving the puzzle of distribution of civil liability in case of multiplicity causes and factors of injury suffered and several community causes, it has been explained that theoretically Iranian law in the new Penal code has been succeeded. It is necessary to be noted that Iranian law also has some weak points which will be referred to them.

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APA: Copy

SAFAII, HOSEIN, Badini, Hasan, Abaslo, Bakhtiyar, & SALEHI, SAEEDE. (2019). The Criterion of Apportionment of Liability in Several Causes and Its Development in Iranian law. JOURNAL OF JUDICIAL LAW VIEWS, 24(84 ), 147-164. SID. https://sid.ir/paper/217791/en

Vancouver: Copy

SAFAII HOSEIN, Badini Hasan, Abaslo Bakhtiyar, SALEHI SAEEDE. The Criterion of Apportionment of Liability in Several Causes and Its Development in Iranian law. JOURNAL OF JUDICIAL LAW VIEWS[Internet]. 2019;24(84 ):147-164. Available from: https://sid.ir/paper/217791/en

IEEE: Copy

HOSEIN SAFAII, Hasan Badini, Bakhtiyar Abaslo, and SAEEDE SALEHI, “The Criterion of Apportionment of Liability in Several Causes and Its Development in Iranian law,” JOURNAL OF JUDICIAL LAW VIEWS, vol. 24, no. 84 , pp. 147–164, 2019, [Online]. Available: https://sid.ir/paper/217791/en

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