Adaptation of Civil Liability & Social Justice: Attention to the Component of Intentional Fault

One of the basic ethical issues in the field of civil liability is the degree of compatibility of civil liability and social justice and what is the principle of social justice in the field of civil liability? In the field of civil liability, the purpose is to compensate the victim and in Iranian law, fault is the main basis of this type of liability. Therefore, the purpose of this study is the degree of compliance between civil liability and social justice and whether social justice can be achieved by relying on the element of guilt? 

In line with the changes in society and the emergence of new values, the law of civil liability is also evolving because of the need to establish social justice. Justice is one of the prominent concepts in the field of philosophy of ethics that philosophers, politicians, jurists and other thinkers have explored the ways to achieve it in society throughout the era. Justice depends on the time, place and transformation of social relations, and the first step in ensuring social justice is to establish the right law so that everyone is aware of their rights and is hopeful and confident in achieving what they deserve. In the field of civil liability, one of the ways to achieve this justice is to use the concept of intentional fault. Various divisions have been created by jurists for fault. Guilt is divided into intentional and unintentional faults based on the spiritual element. Intentional guilt can be the basis of actions and rulings in action that no common sense can deny. One of the most important effects of intentional fault is the effect on the causal relationship. The causal relationship is an essential element and a vital element of civil liability. That is, there must be a connection between the damage inflicted and the fault of the mystics, so that if it were not for the fault (act and omission of the act), there would certainly be no harm. Finally, the theory of fault alone cannot be considered the sole basis of civil liability; because sometimes justice requires that someone who has not been at fault be harmed, the division of responsibility should be based on the degree of guilt.