Examining the conditions of loss in civil liability in Iranian and English law

Abstract

Undoubtedly, common sense dictates that anyone who causes harm to another under any name and under any circumstances must compensate the harm caused to the injured party by taking into account the governing principles of civil liability and support for the injured party, except in cases where the harm caused to another is based on the law or the harm caused to the individual appears to be illegal and unusual. On the one hand, not every harm that causes civil liability can be claimed, but rather its claimability is conditional on the existence of the conditions that the lawmakers of the legal systems studied have examined in various subjects. On the other hand, given that the occurrence of harmful events for humans is inevitable; therefore, humans have always sought to establish rules based on which to impose responsibility on the person who played the greatest role in the harmful event. Therefore, the entire mission of civil liability is to identify such rules. Therefore, the purpose of the present study is to examine the conditions of loss in civil liability in Iran, England, the European Principles of Civil Liability Law and the Declarations of Civil Liability in the United States; and the question raised about each of the laws will be regarding the issue of loss. The research method in this study is descriptive-analytical and the findings show that in discussing the conditions of loss in each of the aforementioned legal systems, there are similarities in some cases and differences in some cases.