Volume 10, Issue 37 (Summer 2016)                   Medical Law Journal 2016, 10(37): 85-101 | Back to browse issues page

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Kazemi M, Naghibi A. Application of Sabar and Taghsim Argument in Determining the Concise Cause of Damage (A Case Study of Hemophiliacs). Medical Law Journal. 2016; 10 (37) :85-101
URL: http://ijmedicallaw.ir/article-1-574-en.html
1- Eslamic Azad University, Khorramabad, Iran
2- Shahid Motahari University, Tehran, Iran
Abstract:  

"Sabr and Taghsim" is a method which is utilized by jurists to achieve the cause in "Mostanbetol Elleh" analogy. Since the result of this method is to arouse suspicion and not to provide knowledge, it has mostly been neglected. But among different branches of law, civil liability enjoys more flexibility and it doesn’t always require absolute knowledge. This feature is more distinctive especially in determining the cause from probable causes. Because if we assume that the creation of responsibility is subjected to knowledge, many civil liability cases in sequence may be limited and a lot of damage remain uncompensated. "Sabr and Taghsim" could be helpful for victims of civil liability cases. The similar argument in French law named "proof of elimination" has been used in the civil liability. This approach has been utilized in Iran and France in determining the cause in the contaminated blood case. It seems that "Sabr and Taghsim" is so practical here; since in determining the cause we are looking for a factor which enjoys more possibility for being damaging.

Please cite this article as: Kazemi M, Naghibi A. Application of Sabar and Taghsim Argument in Determining the Concise Cause of Damage (A Case Study of Hemophiliacs). Iran J Med Law 2016; 10(37): 85-101.

Type of Study: Original Article |
Received: 2015/08/10 | Accepted: 2016/04/29

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