نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Civil liability is an institution for compensating losses and relieving the injured party. It is an efficient institution which sound reason and legal logic require certain circumstances for its existence and survival. However, the mechanism that certain legal experts have considered necessary for these circumstances has proved to be an obstacle to its efficiency and has been a barrier to the realization of justice. Fault is mentioned as one of the necessary foundations of this institution by some experts in law, and the necessity of establishing it is raised as one of the conditions for the materialization of this cause, i.e., civil liability. However, establishing this foundation is an issue required only after proving the attribution of the injurious act to the agent. A study of jurisprudential evidence concludes that while there are certain rules such as those of “no harm,” “destruction,” and “causation,” which establish the attribution relation, there is no convincing argument indicating that after the establishment of a legitimate right for the injured party, he must necessarily prove fault to vindicate his right. This would, in fact, be a real obstacle to the vindication of his right.
کلیدواژهها [English]
)
