نوع مقاله : علمی- پژوهشی
نویسنده
دکترای فقه و حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه خوارزمی، تهران، ایران؛ عضو مرکز وکلا، کارشناسان و مشاوران خانواده قوه قضائیه، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The standard of reasonable and conventional person in tort law teaches us that; To identify the fault and how to attribute it to the defendant in liability lawsuits, which indicator should we rely on? Achieving such a wide standard, in the first step makes it necessary to; A correct definition of it should be presented in such a way that its conceptual limits and gaps are determined and drawn for the judge or scholar. This is very important for an optimal use of that feature. After going through the previous way, what; In front of a researcher's responsibility, it is manifested, simply; Comparing the behavior of a hypothetical or real defendant with a reasonable and conventional person is the standard. In the upcoming article; We examined the above criterion in the laws of England, to explain the view of the legal system of that country, which is rooted in the common law and is the characteristic of that legal school. In this way, we used the descriptive research method and by referring to the cases raised in English law, we tried to correctly explain the concept and position of that standard.
کلیدواژهها [English]
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