نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
Establishing the causal relationship in civil liability by the injured party is one of the most important factors for success in civil liability litigation. The causes of civil liability are diverse and different. Sometimes the cause of damage is single, sometimes multiple, and in the latter case, in some cases, multiple simultaneous and sometimes non-simultaneous. In each of these cases, since the cause or causes of damage are known, it is not difficult to determine the cause or causes. One of the controversial causes in establishing civil liability is the general cause. Individuals of a limited and specific group simultaneously attempt to perform a similar harmful act, and as a result of the harmful act, one of them suffers harm, but it is not clear which of them caused the harm to the injured party and the real cause cannot be identified. What is certain is that the action of one of them caused the damage, and the main question is which factor should the judge consider responsible for the damage? This problem has gained double importance, especially with the scientific, industrial and economic development and the formation of consumer societies. Legal systems, jurists and lawyers have developed and presented various solutions to solve this challenge. In this article, using an analytical, descriptive and comparative method in Malaysian law, which is based on the common law legal system, and Iranian law, which is influenced and adapted from Imami jurisprudence, we seek to answer the question of which of the various solutions is more just and consistent with the principles of Iranian law. It seems that the solution of joint and several liability against the injured party and the distribution of liability between the factors is fairer and closer to justice.
کلیدواژهها English
30) Howarth, D (1995) Text Book on Tort. Butterworth, London
31) Steele, Jenny, TORT LAW: Text, Cases and Materials, First Edition,
32)Liz w, strong sI(2007) ,complete tort law,2th Edition,oxford,New York.
Oxford University Press, 200933
34) Farchild. Gelnhaven funeral services ltd 2002 Aller.
