Ahmad Deylami; nahid zand lashani; ALI JAVADIEH
Abstract
The basis of civil liability is one of the most important theoretical issues in this branch of law; and is the answer to why the defendant needs to be compensated. To identify the basis of vicarious liability, jurists have cited different criteria. But none of them are without flaws. In all these theories, ...
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The basis of civil liability is one of the most important theoretical issues in this branch of law; and is the answer to why the defendant needs to be compensated. To identify the basis of vicarious liability, jurists have cited different criteria. But none of them are without flaws. In all these theories, the exceptional responsibility of representation is evident. In this paper, by descriptive, analytical and comparative methods, it was concluded that: First, vicarious liability is not an exception to the principle of personal responsibility; Second, the distinguishing feature of this liability with other types of liability for material operations leading to loss by others. It also seems that the legislature has assigned a degree of responsibility and according to the way in which a person interferes in the process leading to the loss, in the case where the compensator has the right to refer to others and in the case where he has no right to refer, distinguishes. Has been. In the first case, in both Iranian and British law, the basis for liability is to protect the victim and to provide assistance and assistance to the victim and not to confront the victim with weak individuals who are under the control or supervision of another. And since breach of duty is not the sole cause of the loss, it only puts the person in charge alongside the main culprit. In cases where there is no right of recourse for the compensator, the basis of civil liability is the Customary Imputability, which causes him to be harmed by others.
