The study of Legal and Judicial Necessity Effects in Non-Contractual Liability (A Comparative Study(

The substantiation of some titles is justifying and legitimating of harmful act and in other words, eliminating fault. One of these categories is necessity in non-contractual civil liability. Unlike contractual civil liability that referred to in Article 206 of Civil code, It has not been raised on the necessity in law expressly. Without any doubt, necessity removed the fault from the harmful act and action which is illegitimated in the normal position and is unlawful and makes it lawful and permissible. But whether committing damaging action in necessity mode, exempts from civil liability or not, there are two views. In the first view, necessity does not remove civil liability and must be compensated damage. In the second view, necessity removes civil liability because of prevention of harmfulness around yourself or others. This article accepts the First view.