Document Type : Original Article
Authors
1 Asistant Professor of Law Tehran university.
2 دانش آموخته دکتری حقوق خصوصی دانشگاه شهید بهشتی.
3 Ph. D Candidate. Faculty of Law & Political Sciences, University of Tehran, Tehran, Iran.
Abstract
The great desire of citizens of a society to file a lawsuit and claim damages for any matter, even minor or unreasonable or dishonest, and becoming this behavior to a widespread habit and a common cultural norm has caused the creation of a phenomenon called "Compensation Culture" which can be identified in different time frames by comparison with the number of lawsuits filed in macro scale in the society. From the beginning, when this issue was raised in the England and American legal system, it had supporters and opponents who emphasized the positive and negative effects of this phenomenon. In order to better understanding the importance and necessity of studying this subject in every legal system, it is appropriate to introduce these effects in the first step. This article explains these economic and social effects with a descriptive and analytical approach. The findings of these studies show that although increasing claiming for damages in society has negative effects such as increasing financial and social costs, excessive risk aversion and uncertainty and spreading the culture of blaming others, it also has positive effects such as increasing responsibility and evaluation risk, improving safety and health levels for production and achieving the goals of civil liability law which cannot be easily neglected. Therefore, in order to benefit from the positive effects and prevent the negative effects, the role of legislators in codifying and legislating effective rules is very important.
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