نوع مقاله : علمی - پژوهشی
1 استادیار گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
2 دانشجوی دکترای حقوق خصوصی، دانشگاه آزاد اسلامی واحد تبریز، ایران
3 دانش آموخته دکترای حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
عنوان مقاله [English]
Sometimes, different injuries happen to one person. For instance, as the result of a battery, both the ear and the sense of hearing of the injured person are damaged. The question is whether, in this case, the injured party is able to claim compensation for one or multiple damages. While in Islamic jurisprudence (Feqh), it is generally believed that each injury results in a separate blood money (not cumul principle), four theories exist in this respect; in one theory, injuries which are alongside with each other are treated differently from those which do not have this qualification. One theory takes the place of various injuries into consideration. One, focuses on the relation and dependency of the injured parts and finally, one differentiates between injuries occurred by one or multiple hits. Considering the principle of full compensation, it seems that the plaintiff is liable to seek compensation for each injury unless according to civil liability regulations, they are counted as one. The current penal code accepts the not cumul, which reinforces the full compensation principle. However, claiming one or multiple blood money depends on the judgment of civil liability’s general rules and existent theories are only presumptions.