Comparative study of collective losses in the legal system of France,United state and Ian

• Main Authors: NAHID safari, Bizhan Haji Azizi
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2019-11-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
• Subjects: individual loss collective losses liability material loss moral loss
• Online Access: http://jplr.atu.ac.ir/article_10469_262b3c17426afb9780e0b64e0f737459.pdf

Collective loss is defined as a loss in which it is not attributed to a specified person individually, but to the group of persons, so that nobody can treat himself as a main injured party. In Iranian legal system, although the collective loss is not recognized expressly in statute, but the civil liability rules prove that no loss can be left without compensation. Therefore, in collective loss, being an unlimited group should not destroy the right of claim and demanding damages of the injured parties. The necessity of attention to this loss is also emphasized in other legal systems. What makes the acceptance of this loss different is the determination of persons who have the right of the claim and demanding the compensation. There are different policies in the different legal systems, such as the acceptance of representative of some associations and the acceptance of claim by one of the injured parties. By conducting a comparative study under the legal systems of France, United States and Iran, this article will analyse the collective loss and different approaches recognised in different legal systems.