COMPARATIVE STUDY OF THEORETICAL AND PRACTICAL SOLUTIONS PROPOSED FOR INDETERMINATE OR UNKNOWN CAUSE IN LIABILITY LAW | ||
| مطالعات حقوق خصوصی | ||
| Article 17, Volume 40, Issue 1, April 2011 PDF (326.07 K) | ||
| Authors | ||
| Hassan Mohseni; Reza Moradinejad | ||
| Abstract | ||
| This paper aims to study the question of indeterminate or unknown cause in liability law. The question of indeterminate or unknown cause has always preoccupied jurists in all legal systems. Legislative authorities, judges and legal scholars have tried to find some way to reconcile the necessity to prove causation, as one of the basic elements of liability, and the imperative of victim reparation. The recent decades’ socio-economic evolutions, especially the emergence of « consumer society», have increased the importance of this question. In this paper we try to conduct a comparative research in Iranian, French, English, American and Dutch laws. A brief study of the theories proposed by these legal systems shows us that most of them tend to privilege the victim reparation. | ||
| Keywords | ||
| Faute d’organisation et de surveillance; Garde commune; Indeterminate cause; Liability; Prove causation; Responsabilité du fait d’autrui; Responsabilité du fait des choses; Risk of injury; Tirage au sort.; Unknown cause | ||
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