Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Recognition of civil liability and longitudinal and transverse causes in Iranian law

Document Type : Review Article

Author
Zahra Heydari Ramazan
Master of Private Law, Faculty of Humanities, Shahid Ashrafi University of Isfahan. (Corresponding Author)
Abstract
The purpose of this study, in addition to examining civil liability based on equality in the distribution of longitudinal responsibility (multiple causes, causal and directing community and directing causes) and transverse causes in the new Islamic Penal Code, is to answer these two questions. What are the longitudinal and transverse effects on the division of civil liability? And how the longitudinal causes affect the division of civil liability. The research method used is a descriptive-analytical method that deals with the developments of civil liability, longitudinal and transverse causes in Iranian law. The results of the study indicate that in Iranian law, the principle of division of responsibilities is equal, unless it is proven that the act or fault of one responsible person was more or less effective than the other. According to Article 140 of the new Islamic Penal Code and the last part of Article 52 of the Civil Liability Law, the manner of intervention of the cause is effective in the amount of responsibility; That is, the greater the intervention and impact of the cause in causing the damage, the greater the degree of responsibility.
Keywords
Civil liability
longitudinal and transverse causes
multiple causes
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  • Receive Date 09 May 2021
  • Revise Date 12 May 2021
  • Accept Date 23 May 2021