نوع مقاله : مقاله پژوهشی
1 حقوق خصوصی واسلامی،دانشکده حقوق وعلوم سیاسی،دانشگاه تهران
2 دانشآموخته حقوق خصوصی و اسلامی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران
عنوان مقاله [English]
An approach to the theory of civil liability resulting from the risk of harm
Whenever we talk about civil liability, it is thought that the damage has been caused and must be compensated. However, foreign jurists have expressed the opinion that when the tortious act is committed, even if loss is not achieved, it will result in civil liability because it poses a risk of injury. One of these theories seeks to prove that committing tortious act against individuals is itself a loss that can be compensated. Another theory by criticizing the interference of the element of chance in conventional civil liability and its reliance on consequentialist ethics, believes that merely committing tortious act is sufficient and necessary condition for liability. As we will see, both of these theories have their drawbacks, which will make it impossible to accept them not only in foreign law but also in Iranian law.
Key words: fault without harm, create risk of harm, posing at risk, consequentialist ethics