نوع مقاله : مقاله پژوهشی
1 دانشیار گروه حقوق، دانشکده حقوق، دانشگاه قم، قم، ایران
2 دانشجوی دکتری حقوق خصوصی، دانشکده حقوق، دانشگاه قم، مدرس دانشگاه شهید چمران اهواز، اهواز، ایران (نویسنده مسئول)
عنوان مقاله [English]
Carelessness, if combined with circumstances, leads to civil liability. These conditions are: 1- Existence of obligation to observe precaution, 2- Violation of duty or pattern of precaution and care, 3- Entry of damages and its conditions. In the absence of any of these conditions, civil liability is eliminated. The jurisprudence in the legal system of common law seeks to systematize the circumstances in order to give rise to the civil liability of the reckless person. In Iranian law, a thorough investigation has not been conducted under the title of civil liability due to negligence and the necessary conditions for liability due to negligence. In common law, every person is not obliged to observe caution and care towards everyone and is obliged to observe caution and care only if there are three conditions; Ability to predict losses, closeness between the plaintiff and the defendant, and fairness, fairness, and standard status. Regarding the existence of obligation to observe precaution, two criteria should be considered: the criterion of obligation to observe precaution by the harm agent and the criterion of obligation to observe precaution towards everyone. Violation of duty and commitment to caution should also be considered in two ways; First, breach of duty and the criteria for the performance of the person causing the loss, and second, breach of duty and experts. In the discussion of damages, although there are differences in the way of expressing the content and the ways of recognizing the relationship between causation and compensable conditions of damage, but the views have significant similarities.