Research and development in private law

Research and development in private law

The impact of technological growth on civil liability (Tort Law) (Transformation from the debt of responsibility to the demand for compensation)

Document Type : Original Article

Author
Associate Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
Abstract
With the rapid development of technology in the 20th century and the increase of harmful accidents and their complexity, the proving of a claim for compensation based on the rules of civil liability by the injured party, has become difficult and sometimes impossible.  For this reason, the civil liability system has changed. In the first step, the judicial procedure of the countries has moved to adjust the conditions of civil liability and by changing the concept of fault, loss and causation relationship, as well by using the presumption of fault and assuming the responsibility, the proving of conditions of civil liability has been facilitated. In the following, the legislators also deviated from the principle of personal responsibility and accepted the liability for the act of others and liability for ownership of things, and then created a non-fault compensation system, therefore civil responsibility became objective. Instead of relying on the responsible person, they paid attention to the victim and the fact that he is a creditor and his loss   must   be   compensated, even if there is no responsible person according to the general rules of civil responsibility.  Therefore, the obligation of compensation has been transferred from the responsible person to the society, and the responsibility has turned from a subjective   state into an objective one.
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