تحول مفهوم تقصير در حقوق مسووليت مدني

THE EVOLUTIONARY CONCEPTION OF FAULT IN TORT LAW

The concept of fault, like other social phenomena, is always changing, following the variable justice. The Economic, Moral, and Philosophical consideration, are the most influential factors in the process of change. However, it seems that, apart from exceptional issues of revolutionary changes. the Economic and material factors lead the way. In this historical process, the definitions of Fault should he divided in three groups: I. The group that considers fault as a kind of punishment of unjust behavior. 2. The group that understands fault as a device of protecting preferable right. 3. The group that defines Fault based on expedience and devise. 4. The modern Tort Law (Civil Liability) increasingly tends to agree with the third group, although it is yet under influence of traditional concept of fault definitions