Principles of Civil Liability Arising from Bodily Injuries in Iranian and English Law

Majid Sarbazian, Mehdi Sokhanvar, Abedin Rahimi Pordanjani

Abstract


Explaining the principles of civil liability in cases that someone injured bodily is now one of the most important issues of law. In fact, in these cases, the question is why someone should compensate other damage? While has not been violated of the contract. If doing the action is allowed, and the subject has the legal authority to do it or fault or bad intention does not occur from him, can be imagined again a responsibility for him? In this regard, civil and criminal liability separate from each other and each is analyzed separately. Foundations of theoretical, practical, legal and in addition to these, in our rights jurisprudence foundations have been added to the former cases. Each of these has sub sets, and each tried to explain that when someone injured bodily the other, why and how to compensate? Who should compensate? To compensate, what must be proved? And of course, in similar cases, results are obtained that each has minor and sometimes major differences. Now, the theoretical foundations (fault, risk, etc.) are accepted and analyzed in Iranian law and in English law, but absolutely none of them have gone towards one of the comments.

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DOI: https://doi.org/10.5539/jpl.v10n5p8

Copyright (c) 2017 Majid Sarbazian, Mehdi Sokhanvar, Abedin Rahimi Pordanjani

License URL: http://creativecommons.org/licenses/by/4.0

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