Common damage, its position and legislative requirements in the Iranian judicial system

Occasionally, deliberate damage is needed to prevent heavier losses, in which case all stakeholders should contribute to the loss. This type of damage is called "public damage" or "common damage". In this case, it is sufficient for the assignment of compensation only to prove the imminent danger and the relationship between the verb and the inhibition of the loss. It seems that there is no specific legal procedure except in Article 185 of the Maritime Code, which is not in the formation of compensation, so it can be possible to extend minor laws on the conditions of compensation, given the position of Islamic jurisprudence in our country's rights. Provided joint damage. In the current silence of the law, it is necessary for Article 167 of the Constitution to be recognized in all civil affairs. In this study, the analytical-descriptive method discuss the situation in which the person is responsible for compensation while the three pillars of civil liability (loss, fault, and the cause of the cause between fault and loss) have not been realized simultaneously. The purpose of the research is to identify joint damages as one of its non -contractual compensation and its legislative requirements, because in the current situation, focusing on the pillars of civil liability, the rights of the individual or persons may be trampled on due to the benefit of preventing the damage. It should be compensated.