Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 226-239 |
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Fakhri S, Bozorgmehr A. The Effect of the Injured Person's Professional Ability on the Legal Liability of the Injured Person in Damages against Bodily Integrity, in the Legal System of Iran and the Common Law of England. MLJ 2026; 20 (61) :226-239
URL: http://ijmedicallaw.ir/article-1-2013-en.html
URL: http://ijmedicallaw.ir/article-1-2013-en.html
1- Department of Law, Faculty of Law, Edalat University, Tehran, Iran.
2- Department of Private Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
2- Department of Private Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract:
Background and Aim: The person who causes damage to the entire body is required to pay compensation to the injured party and apparently this liability is absolute. If the rules of attribution are examined, this liability is implied on the condition that the fight against the aggravation of physical injury is limited to the harmful act and this is accepted in the English common law. In our country, the rule of attribution is viewed as absolute and there is no specific distinction between it. The aim is to make a comparison between the functioning of the two legal systems of Iran and England in this regard.
Method: This research was conducted using an analytical-descriptive method and attempted to study and identify legal gaps in the rule of causation.
Ethical Considerations: In all stages of writing, the research principles were followed.
Results: The ability of the injured party to save himself should, as a rule, reduce or eliminate the criminal liability of the harmdoer and this issue has a legal status in the common law of England. At the same time, with the expansion of the spectrum of general punishment and the possibility of financial compensation for mental damage in England, this institution has not reduced the deterrent effect of committing a crime. In the proceedings of our country, absolute liability is considered for the cause of the damage and with the lack of separation of civil and criminal responsibilities in the course of causing physical damage; the motivation factor to help the injured party has been minimized.
Conclusion: In the case of a logical separation of the causal factor, the performance of the English legal system can be confirmed. This issue is ambiguous in the judicial system of our country and is only related to informal interpretations. It is necessary to expand legal interpretations and also amend several legal articles, including Article 452 of the Islamic Penal Code, Article 1 of the Penal Code for Failure to Assist the Injured and Article 14 of the Code of Criminal Procedure, while clarifying the effect of the injured party's ability on the legal liability of the harmdoer and to determine the penalties applicable to the harmdoer in a way that, first, encourages him to help him cope with the aggravation of the effect of physical harm and second, deters him from causing such harm.
Please cite this article as:
Fakhri F, Bozorgmehr AA. The Effect of the Injured Person's Professional Ability on the Legal Liability of the Injured Person in Damages against Bodily Integrity, in the Legal System of Iran and the Common Law of England. Medical Law Journal. 2026; 20: 16.
Method: This research was conducted using an analytical-descriptive method and attempted to study and identify legal gaps in the rule of causation.
Ethical Considerations: In all stages of writing, the research principles were followed.
Results: The ability of the injured party to save himself should, as a rule, reduce or eliminate the criminal liability of the harmdoer and this issue has a legal status in the common law of England. At the same time, with the expansion of the spectrum of general punishment and the possibility of financial compensation for mental damage in England, this institution has not reduced the deterrent effect of committing a crime. In the proceedings of our country, absolute liability is considered for the cause of the damage and with the lack of separation of civil and criminal responsibilities in the course of causing physical damage; the motivation factor to help the injured party has been minimized.
Conclusion: In the case of a logical separation of the causal factor, the performance of the English legal system can be confirmed. This issue is ambiguous in the judicial system of our country and is only related to informal interpretations. It is necessary to expand legal interpretations and also amend several legal articles, including Article 452 of the Islamic Penal Code, Article 1 of the Penal Code for Failure to Assist the Injured and Article 14 of the Code of Criminal Procedure, while clarifying the effect of the injured party's ability on the legal liability of the harmdoer and to determine the penalties applicable to the harmdoer in a way that, first, encourages him to help him cope with the aggravation of the effect of physical harm and second, deters him from causing such harm.
Please cite this article as:
Fakhri F, Bozorgmehr AA. The Effect of the Injured Person's Professional Ability on the Legal Liability of the Injured Person in Damages against Bodily Integrity, in the Legal System of Iran and the Common Law of England. Medical Law Journal. 2026; 20: 16.
Type of Study: Original Article |
Received: 2025/08/3 | Accepted: 2025/11/3
Received: 2025/08/3 | Accepted: 2025/11/3
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