The Proportion of Liability of Drivers to the Degree of the Their Faults

Document Type : Original Article

Authors

1 (Associate professor at University of Mazandaran)

2 (A PhD student of Criminal Law & Criminology)

Abstract

Crashes caused by driving and drivers of vehicles are very common in the recent years. After driving accidents, for determining the degree of liability, some theoreticians set the level of fault (negligence) of drivers (the admission of liability ranging) as criterion and some others determine the equitable liability. Therefore, two approaches of the determination of the degree of responsibility (the approach of the degree of fault and the equitability of the responsibility of fault) in the situation of the contribution in car accidents will be studied in the recent years, the legislation has tried to establish laws and regulation based on justice in this field. But what establishes difficult to occur this issue is the lack of a definite and accepted criterion between the opinions of law scholars and Islamic jurists -fuqaha- (the early and late) and even judicial precedent. But the legislature has tried to establish rules and regulations according to the justice in this area. It is the purpose of this paper to investigate precisely. Therefore, the goal of this research is to present a justice system in the condition of the degree of their fault in the car accident. For determining the level of the liability (including Diya and damages caused by crashes), the legislature has mostly followed the equitable approach. But this paper has generally deduced in the favor of the theory of the presentation of liability based on the intervention Approach to the fault.
 

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