Civil liability due to indeterminate causation of Iranian and British law

Ali Ravanan; Seyyed Mehdi Mirdadashi; Mohammad Sadeghi; Ebrahim Delshad Ma'aref

Ali Ravanan Islamic azad university,Qom, Iran 67 Assistance Professor
Seyyed Mehdi Mirdadashi Islamic azad university,Qom, Iran
Mohammad Sadeghi Islamic azad university,Qom, Iran
Ebrahim Delshad Ma'aref Islamic azad university,Qom.Iran

Keywords: Indeterminate causation; Appropriate responsibility; Lottery Rule; Equal Responsibility.

Abstract

One of the most important and most significant issues in civil responsibility is the issue of "indeterminate " and” causation” . The term has created a combination of the two words " indeterminate" and " causation ". And in the definition of the “indeterminate causation” we can say that the uncertain factor in the causation of loss among likely persons. When knowledge of the occurrence of a loss by an agent is due to several factors of the loss, but it cannot be determined definitively and definitely, the discussion of indeterminate causation is raised. The lawyers, having emphasized the necessity of proving the relation between the causal link between a harmful act by a certain person and the entry of a loss to the loser, and the absence of such a relationship in the assumption of the indeterminate causation , considered the liability completely excluded. But after a while, the collective responsibility view of probable actors was posed, which is of solidarity type in French law and proportional to the type of liability in Common law in, and the aspect of the proof is of great importance.

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Author Biographies

Ali Ravanan, Islamic azad university,Qom, Iran 67 Assistance Professor

P.h.d. student in Private Law,Faculty of Humanities, Qom science and research branch, Islamic azad university,Qom, Iran 67 Assistance Professor

Seyyed Mehdi Mirdadashi, Islamic azad university,Qom, Iran

Assistance Professor of Private Law,Faculty of Humanities, Qom science and research branch, Islamic azad university,Qom, Iran

Mohammad Sadeghi, Islamic azad university,Qom, Iran

Assistance Professor of Private Law,Faculty of Humanities, Qom science and research branch, Islamic azad university,Qom, Iran

Ebrahim Delshad Ma'aref, Islamic azad university,Qom.Iran

Assistance Professor of Private Law,Faculty of Humanities, Qom science and research branch, Islamic azad university,Qom.Iran

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