نوع مقاله : مقاله علمی ترویجی
نویسندگان
1 استادیار دانشکده حقوق و علوم سیاسی دانشگاه مازندران
2 کارشناسی ارشد حقوق خصوصی، دانشگاه شمال آمل، مازندران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One example of multiple causes’ liability for single damage is the liability of apartment owners for damages arising from common areas. In the Iranian law, the customary attribution of a harmful act to the perpetrator is the basis of responsibility, and the theory of fault can be helpful in recognizing the custom and unusual behavior of apartment owners in caring for common areas. According to the rule "He who has the benefit is liable for the damage" the owners, as the beneficiaries of the common parts, are the guarantors of the preservation and maintenance of these parts, and according to some jurists, the connection between damage and benefit makes the owners responsible for the damage caused by these parts in the first place. According to Articles 4 and 10 of the Apartment Ownership Law, each owner's share and obligations as to the cost of common parts is determined by the area of private parts; now the question is that in the case of damages caused by the common and general parts of the building, who is responsible and how is the distribution of responsibility? If the damages are not due to non-observance of construction technical principles and attributed to the builder, each of the common owners is responsible for maintaining and paying the running costs of the building in proportion to their own share of the total dedicated share of the building. They are also jointly liable for the damages to third parties and the rule of joint or equal liability will not apply to the owners, unless the damage is due to the fault of a specific person from the owners or third parties, in which case, the acting person is considered responsible because attributing the loss to the specific owner and third parties can adjust the relative responsibility of the owners.
کلیدواژهها [English]
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