Volume 3, Issue 2, 2022, Pages 19 - 32

Author(s) : Shima Baharvand * ¹

Abstract :
In British law, the principle is to divide responsibility according to the share of causes, and in liability based on fault, according to the necessity of predictability of damage, judgment is issued according to the amount of fault, and explicit reference to justice and fairness is also a standard that British judges adhere to. They pay attention and also apply in the issue of division of responsibility. Analytical-descriptive method has been used in this article and we want to know that based on what criteria and criteria the division of responsibility is done, and according to the existing laws, how is the division of responsibility between the perpetrators of damage in Iranian and British law? The Islamic Penal Code has chosen the theory of equal division, and the Civil Law has mentioned the division of responsibility according to fault, and in some laws, joint responsibility and division according to the intervention of causes have also been mentioned. From the point of view of the theory, the division according to the degree of intervention and the effect of the causes can better answer the problem and be closer to fairness, and in practice, according to the legal foundations of these theories, a single method cannot be proposed in all matters, and each method should be used in a specific case. He applied his argument. In British law, the principle is to divide responsibility according to the share of causes, and in liability based on fault, according to the necessity of predictability of loss, judgment is issued according to the amount of fault, and explicit reference to justice and fairness is also a standard that British judges adhere to. They pay attention and also apply in the issue of division of responsibility.

Keywords :
Loss of cause, identification of cause, division of responsibility