Jointness in torts; comparative study in US and Iranian law emphasizing the concept of attribution

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NAJAFI HAMED; SADEGHI MAHMOUD; SHAHBAZINIA MORTEZA

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Journal: ISLAMIC LAW RESEARCH JOURNAL Year:2020 | Volume:20 | Issue:2 (50) Page(s): 353-398

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Title

Jointness in torts; comparative study in US and Iranian law emphasizing the concept of attribution

Author(s)

NAJAFI HAMED | SADEGHI MAHMOUD | SHAHBAZINIA MORTEZA | Issue Writer Certificate

Keywords

TortQ2

CrimeQ2

Joint TortQ1

AttributionQ1

Objective AttributionQ1

Jointness Iranian lawQ1

US LawQ2

Abstract

Joint Tortship in its general sense is the intervention of more than one person in committing Tort. In this sense, the jointness acompanicity and participates in it. The jointness, in a special sense, is limited to interfere more than two persons in the commission of the operation and the material element of the Tort. In the US legal system, in addition to cases where two or more people really commit actus reus of Tort, there are instances where with use of titles such as "attribaution", commition of actus reus is attributed to more than one person, Virtually. In this legal system, this is based on goals such as redress and deterrence. In Iranian law, according to the well-known Opinion, the jointness in Tort, is subject to the commission of actus reus by two or more persons and apparently in some cases, like the American law, with implicit using of the title "Attribution", realization of jointness in Tort is ruled that does not look right. Because, contrary to the US Law and some veiws in popular jurisprudence, when the legislator in the latter part of Article 535 of the Islamic Penal Code of 2013 considers intent to have an impact on the material reality of the jointness, he does not abide by all its effects and assumption. In the case of criminal responsibility, it imposes the less punishment on the accomplice and in the case of civil liability, he assumes the distribution of damages on multiple causes. In the present study, it has been proved by a descriptive-analytical method that, unlike the US Law which because of its instrumentalist nature, jointness in wrongs has wide scope, in Iranian law, because of its ethical basis, jointness in wrongs, has narrow scope and Accordingly, it is proposed to amend or delete the last part of Article 535 of the Islamic Penal Code of 2013.

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APA: Copy

NAJAFI, HAMED, SADEGHI, MAHMOUD, & SHAHBAZINIA, MORTEZA. (2020). Jointness in torts; comparative study in US and Iranian law emphasizing the concept of attribution. ISLAMIC LAW RESEARCH JOURNAL, 20(2 (50) ), 353-398. SID. https://sid.ir/paper/229511/en

Vancouver: Copy

NAJAFI HAMED, SADEGHI MAHMOUD, SHAHBAZINIA MORTEZA. Jointness in torts; comparative study in US and Iranian law emphasizing the concept of attribution. ISLAMIC LAW RESEARCH JOURNAL[Internet]. 2020;20(2 (50) ):353-398. Available from: https://sid.ir/paper/229511/en

IEEE: Copy

HAMED NAJAFI, MAHMOUD SADEGHI, and MORTEZA SHAHBAZINIA, “Jointness in torts; comparative study in US and Iranian law emphasizing the concept of attribution,” ISLAMIC LAW RESEARCH JOURNAL, vol. 20, no. 2 (50) , pp. 353–398, 2020, [Online]. Available: https://sid.ir/paper/229511/en

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