چکیده:
The perpetrator of a harmful act, upon proof of the conditions and elements of liability, is obliged to compensate for the damage caused. However, the cause of damage is not always solely the perpetrator of the harmful act; rather, other factors and causes also participate in and influence the creation of damage. Establishing an external cause sometimes prevents the attribution of fault to the defendant and sometimes breaks the causal link between the defendant's fault and the damage. The most prominent example of an external cause is force majeure. In some laws of our country, the term force majeure has been used explicitly or implicitly. Force majeure may play a role in the occurrence of damage in two ways: 1- It is the sole cause of the occurrence of the harmful accident; 2- It is one of the causes of the damage. In each of these two cases, force majeure has a special impact on the removal of civil liability. As jurisprudential foundations for force majeure, one can mention the rules of La Darar (no harm), Nafi al-Usr wa al-Haraj (removal of hardship), and Istiman. This article is about the impact of force majeure on the removal of employer liability in case of damage and loss resulting from the performance of their workers during the course of duty to third parties.
خلاصه ماشینی:
It can be inferred from the Civil Code that an external cause is a general title for all types and instances of impossibility of fulfilling legal obligations and the impossibility of preventing the occurrence of damage, and based on judicial practice and the consensus of legal scholars at least include force majeure or a sudden accident, the negligence of the injured party, and the act of a third party.
By using the criteria of the aforementioned articles of the Civil Code and the Islamic Penal Code, it can be said that in various cases of civil liability, the apparent cause of the loss can be exempted from compensation by proving that the occurrence of the damage was actually caused by force majeure.
According to the third part of Article 12 of the Civil Liability Law, if the employer can prove that he has exercised all the precautions required by the circumstances of the case and applied customary care, or proves that even if he had exercised the aforementioned precautions, preventing the loss would not have been possible because the damaging accident was not due to his negligence but resulted from an external accident that has no connection to his performance, and even the observance of necessary precautions did not have an effect in preventing the occurrence of the accident, he shall be exempt from compensation.
Furthermore, according to the last part of the aforementioned article, if an unpredictable and unpreventable external cause occurs, whether he has taken the necessary precautions or not, and in both cases he cannot prevent the occurrence of damage, he shall be considered exempt from liability.
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