نوع مقاله : مقاله پژوهشی
1 دانشیار گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
2 دانشجوی دکتری حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران (نویسنده مسئول)
3 استادیار گروه حقوق، دانشگاه آزاد اسلامی واحد ایلام، ایلام، ایران
عنوان مقاله [English]
Development in all fields of science and technology has caused that in most of problems, judge without referring to the professional people could not be able to realized different dimensions of one subject. With regards to this issue, we should consider that it is possible that the experts may make a mistake which on this condition, regulation and custom would be violated and on the other hand, this condition could cause that one of the parties incur a loss. Person who has incurred a loss for request of compensation, should prove fault as the civil responsibility. While as the criterion of the expert’s fault is violation from one normal behavior for a professional person in that field so because of this, the incurred person may could not be able to prove a professional fault and he would face with a challenge. Studied in judgement procedure shows that in addition of lots of verdicts based on expert’s fault from disciplinary courts, claims of civil liability against them are less and its reasons refer to the lack of awareness about presenting these claims and hopeless from any desired results and hardness. So supporting from the incurred person is needed in order to facilitating proving and solve the problems of the incurred person and reaching to his/her rights. With regards to this aim, some possibility should be provided till the incurred person could use from the verdict based on the expert’s fault via disciplinary court till he would be free from proving fault in the legal court.