مباني فقهي و حقوقي مسؤوليت مدني ناشي از اجتماع اسباب

Juridical and Legal Principles of Civil Responsibility Resulting from the Gathering of Causes

One of the most important issues in the field of civil responsibility is the issue of gathering of causes in occurrence of damage, because many of the harmful events that occur are the effect of some factors or causes and determining the responsible cause among theses causes is a difficult job. This question has always been discussed among the jurisprudences that in case of causes gathering in occurrence of damage which cause is responsible and what is the basis of determining the responsible among the causes. The main aim of this research is to find a complete and comprehensive basis for determining "the responsible" among the causes involved in damage. In this research, first of all, the views of jurists and jurisprudences in this context have been criticized and examined and then the efforts have been made to present a complete and comprehensive theory that could be applicable to all examples and cases of the issue. As a result of accomplished examinations it becomes clear that in this context there are different views such as the theory of premier cause in efficacy, the theory of latter cause in occurrence, the theory of premier in creation, the theory of stronger cause in efficacy and the theory of causes equality. It becomes also clear that none of mentioned theories can solely justify the guarantee in all cases of causes gathering, rather with respect to the fact that the responsibility basis in wastage and causing is the traditional reliance of wastage to the act of person, so in case of causes gathering, the responsibility basis is also the traditional reliance of wastage and in case the wastage traditionally relied to both of them, both are the guarantor and in case the wastage relied to one of them, only the same cause will be responsible. This theory is introduced under the title of "theory of traditional reliance of wastage".