Volume 17, Issue 1 (2013)                   CLR 2013, 17(1): 77-98 | Back to browse issues page

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Sharafatpeima* M. Division of Damages among Several Responsibles in Extra-contractual Liability. CLR. 2013; 17 (1) :77-98
URL: http://clr.modares.ac.ir/article-20-12082-en.html
Sharafatpeima Assistant Professor, Department of Law, Islamic Azad University of Bandar Anzali, Rasht, Iran
Abstract:   (5917 Views)
            Where several persons cause damage, any of them will be responsible to compensate the victim. This responsibility may be common and dividable among them from the beginning (partial responsibility) or may be that each of them will have integral or solidary responsibility to the victim, and have to pay the whole damage. An important question that arises in this context is that the damage divided among several responsibles - whether at first, according to theory of partial liability, or after full payment of compensation by one of the responsibles - should be based on what criteria. Three criteria have been suggested in this regard by French lawyers: negligence criteria, equality criteria and degree of influence criteria. By studying Iranian and French law, this article tries to show that the third criterion, that is division of damage on the basis of the degree of influence in causing damage, is consistent with justice and enjoys the elements of civil responsibility particularly relation of causality between harmful act and the resulting damage.                    
 
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Received: 2013/01/1 | Accepted: 2013/05/18 | Published: 2013/06/21

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