INDETERMINACY OF CAUSE IN TORT LAW

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NEAM MOKHTAR

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Journal Paper

Paper Information

Journal: RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW Year:2011 | Volume:3 | Issue:7 Page(s): 56-93

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Information Journal Paper

Title

INDETERMINACY OF CAUSE IN TORT LAW

Author(s)

NEAM MOKHTAR | Issue Writer Certificate

Keywords

INDETERMINACY OF CAUSEQ2

DRAWING LOTSQ2

JOINT LIABILITYQ2

BURDEN OF PROVING CAUSATIONQ2

ENTERPRISE LIABILITYQ2

MARKET SHARE LIABILITYQ2

Abstract

Sometimes plaintiff though proves that the cause of his damage certainly belongs to a group, he cannot identify certain cause among the members of that group. This problem known as the INDETERMINACY OF CAUSE has no definite and general rule in Iranian tort law, as whether the court is to accept any claim for remedy of damage whose cause is uncertain in a closed group and if accepting, how he will decide for damages. Article 315 of Iranian Islamic Punishment Act provides that when two persons are accused of murder, and none can prove his innocence, one of them will by DRAWING LOTS be liable for paying Dié. This way of compensating in the case of the indeterminacy of causation, though is the common belief of Islam – Emamié jurisprudents, appears unfair and should be limited to homicide. Accordingly by resorting to comparative studies in French and America law, this essay tries to justify the common way of liability - JOINT LIABILITY – in Iran law as the rule of the liability of defined members of a group who have not succeeded in proving their innocence.

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APA: Copy

NEAM, MOKHTAR. (2011). INDETERMINACY OF CAUSE IN TORT LAW. RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW, 3(7), 56-93. SID. https://sid.ir/paper/255281/en

Vancouver: Copy

NEAM MOKHTAR. INDETERMINACY OF CAUSE IN TORT LAW. RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW[Internet]. 2011;3(7):56-93. Available from: https://sid.ir/paper/255281/en

IEEE: Copy

MOKHTAR NEAM, “INDETERMINACY OF CAUSE IN TORT LAW,” RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW, vol. 3, no. 7, pp. 56–93, 2011, [Online]. Available: https://sid.ir/paper/255281/en

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