presumption of causation and inconclusive recognition of cause in Iranian and English law

Articles in Press

Document Type : Original Article

Authors

1 PHD Student of Department of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran

2 retired professor of Private Law Department of University of Tehran, Tehran, Iran

3 Private Law Department of University of Tehran, Tehran, Iran

4 Associate professor of Department of law and Political Science, Shahid Beheshti University, Tehran, Iran

Abstract

In an action of tort, the relationship between the harmful act and the damages must be found and the burden of proof is borne by the plaintiff. But sometimes it is very difficult to prove this relationship, despite the negligence of defendant and the evidence of being cause. In this cases it is not justice-full to left defendant without any responsibility, so in some legal systems, the relationship is considered assumed exceptionally and admittedly. regarding the implicit implications of some Acts and, considering the judicial sentences, this assumption can be exceptionally accepted in Iranian law. English law in this aspect has similar situation. In this article, in addition to providing the preparations for accepting this assumption in Iranian law, it is argued that one of most clear instance of using this assumption is the case of inconclusive recognition of cause.

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