نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق دانشکدۀ علوم انسانی و اجتماعی دانشگاه تبریز
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Combination of direct cause (Mobasher) and Indirect cause (Sabab) is one of causes combination kind and notwithstanding that there is not any division in holy "Qur'an" and "Sunnah", perhaps "Shiet Scholars" have made such invention in order to facilitate of the finding of tort feasor. The art of 332 of code civil of Iran and the art of 393 of Islamic penal code of Iran following the famous opinion of Islamic scholars, provided "the priority of direct cause (Mobasher) to indirect cause (Sabab)" and have made the question that: At the time, when the influence of both of them is equal in establishment of damage, why does the liability only bear on the direct cause? Art 530 of the new bill of Islamic penal code, in spite of the fact that it has not yet enforced, demonstrated that legislators are paying attention to this criticism, considering the fact that the lawyers do not accept this priority, furthermore, some of intelligent Islamic scholars, have criticized this provision. For this reason, in this research, we deal with the existing challenges of determining the responsible person.
کلیدواژهها [English]
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