چکیده:
In Iranian law, the position of damage distribution is mainly in cases where two or more causes result in harm, and the involvement of each act in the realization of the loss serves as the basis for distributing the damage among them; in Common Law, the distribution of damage in civil liability is considered in a broader sense and is distinct from the discussion of multiple causes. In fact, under the title of damage distribution, instances are examined where the damage that the tortfeasor should theoretically pay alone is distributed through mechanisms among all or part of the members of society; however, on what basis is the involvement of individuals who had no part in causing the harm in compensating the victim's loss based in civil liability, and how can it be justified in civil liability? The achievement of economic efficiency and distributive justice are the justifying foundations for the distribution of damage among persons not involved in causing the harm in the civil liability system.
خلاصه ماشینی:
In fact, under the title of loss distribution, instances are examined in which the loss that the wrongdoer should theoretically bear alone is distributed through mechanisms among all or part of the members of society; but on what basis is the participation of individuals who were not involved in causing the damage in compensating the victim's loss in tort law based, and how can it be justified in tort law?
Especially, most discussions on loss distribution concern companies, manufacturers, and individuals who undertake useful but high-risk activities; because these individuals are in a suitable position to distribute the cost of compensation among the society or parts of it, either directly by increasing the prices of products and services, or indirectly through the purchase of liability insurance (Abraham, 12004).
The idea of loss distribution, inspired by an economic theory called the "diminishing marginal utility of money" rule, increases welfare and consequently economic efficiency by lowering the cost of activity and reducing the social effects of harm for both the victims and the perpetrators.
Examining instances of damage distributors in Iranian law Given the considerations regarding economic efficiency and distributive justice, which in other countries such as the United States and England, have established strict liability and the obligation to purchase insurance coverage for those performing useful but dangerous activities, such as producers, operators of atomic facilities, etc.
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