خلاصة:
Civil liability is one of the terms of legal science and means that anyone who, intentionally or as a result of negligence, causes harm to the life, health, property, freedom, reputation, or commercial prestige of another—whether material or moral—is responsible and must compensate for the damage resulting from their action. One of the effective factors in civil liability is the moral aspect of the defendant. The elements of civil liability include the existence of damage, the commission of a harmful or unlawful act, and the causal relationship. The foundations of civil liability are: the fault theory, the creation of danger theory, the mixed theory, and the guarantee of right.
ملخص الجهاز:
Examination of Civil Liability in Iranian Law Seyyed Mohammad Ali Shafaati Master of Private Law, Islamic Azad University, Nurabad Mammasani Branch Abstract Civil liability is one of the terms of jurisprudence and means that anyone who, through intentional acts or as a result of negligence, causes damage to the life, health, property, freedom, reputation, or commercial prestige of another, whether material or moral, is responsible and must compensate for the damage resulting from their action.
In response, it can be said that although this question is logical, even if only a portion of these damages is compensated, it is still reasonable and consistent with justice, which is almost exactly what is stated in Article 10 of the Civil Liability Law with the following content: «A person whose personal or family status and reputation are harmed can demand compensation for their material and moral loss from the person who caused the harm.
Therefore, negligence or Section Four – Causal Relationship between Act and Damage In order for civil liability to be established, there must be a causal relationship between the cause of the damage and the harmful act, and the proof of this matter, depending on the case, is the responsibility of the injured party according to the rule 'al-bayyinah 'ala al-mudda'i' (the burden of proof is on the claimant); such an individual must prove that there is a cause-and-effect relationship between the act of the person causing the damage, the occurrence of loss, and consequently, his civil liability.
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