Comparative Examination of Privileged Victim's Inexcusable Fault in Road and Work Accidents

What is the role of privileged victims' inexcusable fault in compensation of road and work accidents? Privileged victims whose their typical faults are not imputable, but their inexcusable faults are imputable. Creation and development of the term "victims' inexcusable fault" in work and road accidents by French law is considered as taking a step to just. So this article firstly reviews the concept and justification of "victims' inexcusable fault", especially in French law, because this term has been formed in French legal system. Then it comparatively analysis this issue in French law and Iranian law. Finally, with consideration of principle of compensation and deterrence policy, it suggests the necessity of creation and development of the term "victims' inexcusable fault" in work and road accidents by Iranian law. Taking strict approach of given concept in a work or car accident caused by the victims' inexcusable fault may be prevented injustice and is so important for equilibrium and economic efficiency.