نوع مقاله : مقاله پژوهشی
نویسندگان
دانشگاه آزاد اسلامی واحد رباط کریم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The issue of civil responsibility of the Damage agents includes the disruption of social order, the violation of civil rights, and the loss of life and money to the firemen and the public. Therefore, the realization of the civil liability of the perpetrators of the accident depends on the verification of its such as the occurrence of damage, the harmful act and the causal relationship between the two. Without fulfilling each of the aforementioned elements, responsibility cannot be imposed on them. In the event that it is not known which one of the perpetrators of the damage directly caused the damage to the fireman, due to the lack of verification of causation, the said officer will be deprived of receiving the damage. Based on this, the following article examines the general cause around the abstract science between Iranian and American laws with a descriptive-analytical method. With the analyzes in Iranian law, they set the rule of harmlessness and restorative justice in American law, so that the firemen claim their damages from the cause of the loss. Also, regarding the way of distribution and division of the responsibility of the Damage agents, the obtained results indicate that the responsibility in Iran's law is accepted equally, and in American law, the theory of impact is the criterion. With the result obtained, it can be stated that the theory is subject to justice and logic according to the principle of personal responsibility.
کلیدواژهها [English]
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