Contents & References of A comparative study of civil liability due to accidents with pedestrians in Iran, England and France
List:
Chapter One
Generalities
1-1-Introduction..2
1-2-Statement of the problem..4
1-3-Objectives..5
1-3-1-Main objective..5
1-3-2-Sub-objectives..5
1-4-Importance and necessity of research.6
1-5-Main research question.7
1-6-Research sub-questions.7
1-7-Research background.7
1-8-Research limitations.10
1-9-Research method..11
1-10-Collection method and tool Information. 11
Chapter Two
Theoretical foundations of research
2-1- Concept and definition of responsibility. 13
2-2- Division of responsibility. 13
2-2-1-Ethical responsibility. 13
2-2-2-Legal liability and its types.13
2-2-2-1-Criminal liability.14
2-2-2-2-Civil liability.15
2-3-Comparison of civil liability and criminal liability.18
2-4-History of civil liability.20
2-5- Importance Pedestrian accidents. 24
2-6-Basics of civil liability. 25
2-6-1-Fault theory. 25
2-6-2-Risk theory. 27
2-6-3-Right guarantee theory. 28
2-7-Resources of civil liability. 30
2-7-1-Resources General. 31
2-7-1-1-Waste. ....31
2-7-1-1-1-the concept of waste. 31
2-7-1-1-2-the conditions of waste. Tasbib. 35. 2-7-1-3-Community of cause and effect. 38
2-7-1-3-1-Concept of community of cause and effect with separate effect. 38
2-7-1-3-2-Concept of community of common cause and effect. 38
2-7-1-3-2-1-Distribution of responsibility between cause and effect (different assumptions in community of cause) 39
2-7-1-3-3-The concept of independent cause and effect association. 43
2-7-1-4-Association of several stewards in general. 46
2-7-2-Special sources of civil liability resulting from accidents with pedestrians. 48
2-7-2-1-Article 333 of the Penal Code Islamic.50
2-7-2-2-Article 4 of the Road and Railway Safety Law.50
2-7-2-3-Article 8 of the Law on Handling Violations and Collecting Penalties approved in 1350 and the commentary on the said article.51
2-7-2-4-Article 26 of the Law on Handling Traffic Violations approved in 1389.53
Chapter 3
Terms of responsibility and non-responsibility of drivers in accidents involving passengers in the laws of Iran, England and France
3-1- Classification of legal systems. 55
3-2-Civil liability of drivers in vehicle accidents with pedestrians in French law. 56
3-2-1-Compensation for direct damage to a person, including drivers and others. drivers 58
3-2-1-1-Compensation of damages for non-driver victims. 58
3-2-1-1-1-Non-driver victims with special protection. 59
3-2-1-1-2-Other non-driver victims. 60
3-3-Civil liability of the driver in vehicle accidents with pedestrians in English law 67
3-3-1-pseudo-crime and conditions for its realization. 68
3-3-1-1-conditions for realization of pseudo-crime. 68
3-3-2-how to apply the conditions for realization of pseudo-crime to traffic accidents. The relationship of causation. 3-3-2-3-Reasonability and the rules governing it as criteria for breach of duty. 73
3-3-2-4-Proof of fault or carelessness. 74
3-4-Civil liability of the driver in vehicle accidents with pedestrians in Iranian law. 76
3-4-1-Article 333 of the Penal Code. Islamic. 76
3-4-1-1- Examining conditions of non-responsibility of the driver according to Article 333 m. A. 77
3-4-2-Article 4 of the Road and Railway Safety Law. 80
3-4-2-1-Examination of the driver's non-responsibility conditions according to Article 4 of the Road and Railway Safety Law. 82
3-4-3-Article 8 of the Law on Handling Violations and Collecting Penalties approved in 1350 and the note of the mentioned article. 90
3-4-3-1- Examining the conditions of non-responsibility of the driver according to Article 8 of the law on handling violations. 92
3-4-3-2- Examining the conditions of non-responsibility of the driver according to the note of Article 8 of the law on handling violations. 92
3-4-4-Article 26 of the law on handling traffic violations approved in 1389. 94
3-4-4-1-Reviewing the conditions of Article 26 Law on handling traffic violations approved. 1389. 95
3-5- Claimable damages by pedestrians in the laws of Iran, England and France. 97
3-5-1- Concept of damage. 97
3-5-2- Division of damage from different directions. 98
3-5-3- Claimable and coverable damages. 100
3-5-3-1-Unitary systems and unlimited damage coverage (Unitary systems). 100
3-5-3-2-Two-tier systems (Two-tier systems). ..109
4-2-Historical Background of Damaged Fault in World Legal Systems. 111
4-2-1-Historical Background of Damaged Fault in Foreign and Iranian Legal Systems. 111
4-2-1-1-Roman Law.
4-2-1-3-French law.114
4-2-2-Iranian subject law.114
4-3-Conditions of effecting the fault of the victim on the responsibility of the cause of the loss. The fault should not be the cause of the loss. 117
4-4-Specific features of different assumptions of the common fault rule. 118
4-4-1- The first assumption: the injured party is responsible for the actions of the cause of the loss. 118
4-4-2- The second assumption: There is evidence of responsibility against the injured party. 119
4-5-The various forms of the fault of the injured party and its effects. 120
4-5-1-1- The first assumption: the fault of the cause of the loss should eliminate the fault of the victim. 120
4-5-1-1-1- The fault of the cause of the loss should be more severe than that of the victim. 121
4-5-1-1-2- The fault of the victim should be the result of the fault of the cause of the loss. 125
4-5-1-1-3-Detailed and applied review in the legal systems of Iran, England and France. 125
4-5-1-2- The second assumption: the fault of the injured party must eliminate the fault of the cause of the damage. 129
4-5-2-The damage was attributed to the fault of both (a special example of joint fault). 130
4-5-2-1-The criteria for sharing responsibility in foreign legal systems (England and France) and Iran's subject law...131
4-6-Summary. References 148.
.
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