نوع مقاله : مقاله پژوهشی
استادیار حقوق خصوصی دانشگاه تهران (پردیس فارابی)
عنوان مقاله [English]
The main object of tort law is compensation of damages arising from unlawful acts. But we are facing some kind of acts that will obliges us to take proper actions without arising any damages. Technological development in spite of useful consequences, sometimes leading us to unknown risks and unbearable damages. Given old experiences of the humankind and with the help of the legal rules, lawyers trying to reduce the inadvertent effects of the damages and prevent the occurrence of these unforseeable and uncertain harms. One of the legal instruments constitute of bearing anticipative obligation to the operators. This obligation is based on the economic analysis of law. The main concern of this essay is considering the concept and its application in the Iranian legal system and comparative studying of the subject in the light of tort law. Consequently, the author believes that obligation is lawful in the risky situations.
الف) فارسی و عربی