A Comparative Study of the Multiplicity of Causes in Civil Liability in Cyberspace in Iranian and Russian Law

Abstract

One of the new manifestations of civil responsibility is the harmful behavior of a person or persons in the context of cyberspace, which ultimately leads to material and moral harm in this cyberspace. This research, which is prepared and organized in a descriptive-analytical way, the topics discussed have been centered around the answer to the question that basically, how is the civil liability for multiple reasons realized in the virtual space and what are the points of commonality and difference between the laws of Iran and the laws of Russia in this regard. The results and findings of the research in this regard confirm that in Iranian law, considering that there is no specific mechanism for the occurrence of civil liability in the virtual space, relying on the general and traditional doctrines of civil liability, with regard to the element of fault, responsibility can be held and imposed it equally or jointly on several grounds, but in Russian law, there is a separate mechanism regarding financial and moral civil responsibility in cyberspace, which due to the strict approach of this country towards cyberspace, assigns a kind of responsibility even in the assumption of no fault, it will impose civil responsibility on the perpetrator of the damage, while in the case of multiple causes, like in some other European countries such as Germany and France, joint and several liability has been given a higher price.