Jurisprudential and legal review of public damages

Subject Areas : Family jurisprudence

مطلبی گلعذانی Motalebi Galgezani ¹

1 - Faculty member of Law Department, Islamic Azad University, Salmas, Iran

Received: 2022-04-25 Accepted : 2022-05-28 Published : 2022-03-21

Keywords: Joint Damage, Compensation, Maritime Law, Harmless Rule, civil liability,

Abstract :

In cases where in a complex with multiple stakeholders, heavy damage occurs in the occurrence of honor and by causing less damage, heavy damage can be prevented, the compensation of this damage is less on all stakeholders, which is called joint damage. In this research, the jurisprudential and legal nature of this type of lawsuit has been studied. This study was conducted to investigate the jurisprudential and legal nature of preventive claims. This research has been done by descriptive-analytical method with the tool of collecting filing materials. In our country, this type of damage is mentioned only in maritime law and is not explicitly mentioned in other similar matters. In Western countries, especially in the French legal system, the principle of joint damages is recognized. Jurisprudential principles based on the rule of no harm and repulsion of corruption, have accepted this rule and all stakeholders share in the compensation according to the extent of their interests. In the current silence of the law, there is a need to recognize this type of damage in all civil matters under Article 167 of the Constitution.