Comparative Study of Civil Liability :Indirect Cause and the Direct Cause in Iran Law and Intervening Factor in England Law

Document Type : Research Paper

Authors

1 Associate Professor of Law faculty of Shahid Beheshti University,Tehran,Iran.

2 Ph.D. student in private law, Shahid Beheshti University of Tehran,Tehran,Iran.

Abstract

The civil responsibility of indirect cause and direct cause of Iran law has many similarities and differences with the intervening factor in the law of England. The expression of a variety of intervening factors as an independent and dependent intervener shows that an independent intervener is similar to direct cause and dependent intervener is like a poor direct cause. However, due to the changes introduced by Article 526 of the Islamic Penal Code of 1392, in the state of community, indirect cause and direct cause are both principally responsible and, with the difference in the effect of the amount of intervention, responsibility will also be relative, and the tendency towards material and objective factors in Iran law will be more than fraudulent factors and immaterial factors. The civil responsibility of cause priority effect, which is well-known in the community of longitudinal causes in jurisprudence and Iran law, is like the same civil responsibility of cause and primary factor against dependent intervener factor. The direct cause who are affected by the primary cause, committed the felony and hurt in Iran law in state having will is responsible, in contradiction to the procedure of England law, which is such a direct cause is dependent intervening factor and irresponsible.

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References

A. Persian Resources
1. Aghaeinia, Hossein (1393), Crimes against persons (felonies), Twelve Edition, Tehran: Mizan Legal Foundation.(In Persian)
2. Elizabeth Martin (2006), Oxford Legal Ditionary, 6th Edition, Tehran: Khorsandi Publishing.(In Persian)
3. JafariLangroudi, Mohammad Jafar (1999), law Terminology, 10th Edition, Tehran: GanjDanesh.(In Persian)
4. Haji DehAbadi, Ahmad (2011), Citation and Its Role in Involvement in Crime, Journal of Legal Research, No. 53, pp. 107-146. (In Persian)
5. Hayati, Ali Abbas (1392), Civil liability, First Printing, Tehran: Legal Foundation.(In Persian)
6. KhademRazavi, Qasim and Tydi, Elias and Mehpouyan, Azadeh (1394), The relationship between causality in liability due to carelessness, A comparative view on the civil liability law of Iran and the United Kingdom, Quarterly Journal of Private Law Research, No. 10, Third Year, p. 66 -43. (In Persian)
7. TaheriNasab, Yazdallah (2010), Relationship of causality in Iran and England criminal law, Second Edition, Tehran: dadgostar.(In Persian)
8. Faraji, Mohammad and Gharar, Abolghasem (2011), Government Compensation for the Victims of Criminal Law in Iran and the United Kingdom, Comparative Law Journal, No. II, Volume II, p. 152-133. (In Persian)
9. Fayyaz, Alireza (1370), Concurrent and Compliancein Islamic General criminal law, Second Edition, Tehran: Publications of the Ministry of Culture and Islamic Guidance.(In Persian)
10. Ghyasi, Jalalod -Din (1394), causality in Criminal Laws, Third Edition, Tehran: JangaleJavedenePublications. (In Persian)
11. Katouzian, Nasser (1369), Safeguard, Civil liability, First edition, Tehran: Tehran University Press.(In Persian)
12. Clarkson (1992), Analysis of the Foundations of Criminal Law, Hossein Mir Mohammad Sadeghi, Tehran: MajdPublications.(In Persian)
13. Emdouzian, Iraj (1392), Islamic Penal Code, First Edition, Tehran: Majd Publications.(In Persian)
14. Lotfi, Asadollah (1392), Guaranty and Compensation Guarantee, Second Edition, Tehran: Majd Publications.(In Persian)
15. Mohseni, Farid and Malekoty, Nasir (1394), The relationship between the causality in the Islamic Penal Code 1392, Legal Journal of Justice, No. 91, pp. 159-135.(In Persian)
16. Moosavi Khomeini, Rouhollah (Bey), Tahrir al-Wasileh, in Islami, Qom: Islamic Printing Office.(In Persian)
17. Mir Mohammad Sadeghi, Hossein (1392), Crimes Against Persons, Twelfth Edition, Tehran: Publishing.(In Persian)
18. Mirashkari, Abbas (1396), Practical Thesis on Civil Liability, Third Edition, Tehran: Public Joint Stock Company.(In Persian)
19. NajibHasani, Mahmoud (2012), The Relationship of Causation in Criminal Law, Seyed Ali AbbasniaZare, Third Edition, Mashhad: Razavi Islamic Sciences Publications.(In Persian)
20. Wine R, Lefeo (2004), Causation in the Criminal System of the United States, HosseinAghaniNia, First Edition, Tehran: Publishing. (In Persian)
21. Hart and Honore (1392), Causation in Law, HosseinAghainia, Second Edition, Tehran: Legal Foundation.(In Persian)
 
B. Arabic resources
22. Bojnourdi, SeyyedMirza Hassan (1419), Al-Fiqahi Rules of the Ismaili Press Institute, Volume II.
23. Sheikh Toosi (Bey), Al-MubsouatFiqqul al-Amamiyah, Maktebeh al-Martazouyah, 8th volume, third edition.
24. Najafi, Sheikh Mohammed Hassan (1981), Jahar al-Klamifi Description Shara'yas al-Islam, seventh edition, Volume 42, Beirut: Dar al-'Arta al-Arabi.
25. HashemiShahroudi, Seyyed Mahmoud and a group of scholars (1423), Mosaleh al-Fiqh-al-Islami, first edition, Qom.
26. Yazdi, Seyyed Mohammad Kazem (1378 AH), Margin on the Makbas, Volume I, Qom: The Ismaili Press Institute.
 
C. English resources
27. Ashworth, Andrew, (1992), Principles of Criminal Law Oxford University press, London.
28. Clerk and Lindsell, (1995), Torts. Sweet & Maxwell, London, 7th.
29. Douglas, Hodgson, )2013) Intervening Causation Law in a Medical Context, 15U. Notre Dame Austl, L.Rev.22 .
30. Dressler, Joshua, (2006), Understanding criminal law, Lexis nexis, U.S.A.
31. Elliott, Catherine, and Quinn, Frances, (2002), Criminal law, Longman-publisher, London.
32. G.M.V, Clarkson, (1987), Understanding criminal law, Fontana press, London.
33. Goodwin, Schiesl loura, (2004), Causation in California Homicide, Loyol of Los Angeles law review.
34. H.L.A, HART & A.M, HONORE, (1959), Causation in the law, Oxford at the Clarendon press, London.
35. Herring, Jonathan, (2006), Criminal law, Text-cases and material, Oxford, U.S.A.
Comparative Law Review
Volume 9, Issue 1
Spring & Summer
April 2018
Pages 1-23

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