Equilibrium and Preferences of Primitives Causes in Civil Liability; A Comparative Study

Document Type : Academicm and Research

Author

Professor, Department of private law, faculty of law, University of Qom, Qom, Iran.

10.22091/csiw.2026.14948.2757

Abstract

The basis of civil liability plays the first role in its genesis; In terms of identifying the responsible person, the meeting of causes is the heart of the issue of civil liability. After verifying the primary intervention of causes in the occurrence of damage, the question is whether these causes are in the same rank in terms of validity or not? And if they have preferences, what are these preferences? The aim of the upcoming research is to answer these questions; which will be done in a descriptive, analytical and descriptive method. Based on the findings, the substantive principle in the event of the primary intervention of causes in the occurrence of damage is the equality of causes; unless there is a valid reason for the superiority of one cause over another. In the proof stage, in case of doubt in the preference and priority of one cause, the practical principle is the equality of causes. The preferences of assets in the form of meeting of causes can be divided into two categories of homogeneous and heterogeneous assets, each of which has different types. This division is real and necessary; and it prevents many mistakes and scientific confusions in this issue.

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Comparative Studies on Islamic and Western Law

Articles in Press, Accepted Manuscript
Available Online from 17 June 2026

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