Document Type : Review Article

Authors

• Hormooz Asadi Kohbad
• Hasan Bahramipor Naghani

Department of Law, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran

Abstract

Damage does not follow a person's fault enough to establish a causal relationship, but it must be proven that the fault is the actual cause and cause of the damage and without it the damage would not have occurred. The meaning of because here is not the complete cause or the perfect cause, but the cause and the factor that the damage is documented in his action and the custom attributes to him. Recognizing the existence of a causal relationship is not always easy because different factors may have been involved in causing the damage. It is not possible to say exactly which one was the cause. In cases where several people are involved in causing damage, some of whom are guilty and some are not guilty, the custom attributes the damage to the person who was at fault, but if all the factors influencing the damage are to blame, it is difficult to identify the cause and establish the cause. Assuming someone is injured in an accident and dies in hospital, a number of factors may play a role in death: a car crash, delays in first aid, the incompetence of the surgeon's illegitimate surgeon, who overtakes him beyond legal hours. As a result, the victim left the workplace later than usual and crashed into a car that was passing by at the scene at that time. To answer the question of which one should be considered the real cause of the damage, four opinions were raised.

Graphical Abstract

Keywords

• Damage
• Causal Relationship
• Illegitimate Surgeon
• Overtakes

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