CIVIL LIABILITY OF THE INCONCLUSIVE CAUSALITY OF THE MEDICAL TEAM IN IRAN, INDIA AND BRITAIN
DOI:
https://doi.org/10.32461/2226-3209.1.2018.178785Abstract
Abstract. Statement of Problem and Research Questions. In the legal system of Iran, India, and England (Common Law), the issue of Tort committed by the medical team happens when in reality, there is the knowledge of damage inflicted by several causes, however it is not clear which cause has caused the damage. In the Iranian law, there have been suggested several ways for determining the liability of damage compensation such as the implementation of the right of choice in the cases of tort, the sentence establishment of the jurists as a rule, drawing, Citation to judicial circumstantial presumption, Compensation from public funds, treasury, Execution and aggregation of two conflicting
sentences, Risk theory, presumption of responsibility, and the application of great judge authority, and in the Penal Code of 2015, the liability is equal. In the Indian Law, in terms of tort law in civil liability, there have not been offered any specific sentences. However, in the section 43 of the Contractual Law of 1872 on compensation of the shared damages in which the share of the parties is not determined, they are equally responsible for damage compensation, but in case one of the parties is deceased, the other party will be responsible for the compensation.
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