نوع مقاله : پژوهشی
1 قاضی دادگستری، دانشجوی دکتری حقوق خصوصی، دانشگاه علوم اسلامی رضوی، مشهد، ایران
2 دانشیار گروه حقوق خصوصی، دانشکدۀ حقوق، دانشگاه قم، قم، ایران
3 استادیار گروه حقوق، دانشگاه علوم اسلامی رضوی، مشهد، ایران
عنوان مقاله [English]
According to traditional look to compensation liability in driving accidents, responding is not the current need of a society. In 2014, a legislator ratified rules to enforce the justice and to be consistent with legal system of the world by ratifying the Islamic penal code and considering the citation rule as legislating basis. One of the rules ratified in this law is article 526 in which the decree of liability distribution in terms of impact degree has been issued by passing the known opinion of jurists and article 332 of civil law in cases of equality of accessory and perpetrator. On the one hand, in article 528 of this law in issue of accidents and disregarding the impact degree , it is judged that the liability is divided equally. It seems that there is the relation of generality and peculiarity in some respect between these two articles of four ratios and the equality which is the equality of accessory and perpetrator in accidents is included in two articles. The question that comes to mind is which of them is dominant ? this study with descriptive- analytic and library methods concluded that if there is equality of accessory and perpetrator in accidents, article 526 is dominant and liability distribution should be issued between them in terms of impact degree. But application of article 528 cannot be ignored in other ratios according to juridical tradition of the issue.