Document Type : Original Article


1 Phd student, Department of private law,Qeshm Branch,Islamic Azad University, Qeshm, Iran.

2 Assistant professor, Department of private law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.

3 Assistant professor, Department of law, University of Hormozgan, Bandar Abass, Iran.

4 Assistant professor, Department of private law,Qeshm Branch,Islamic azad university, Qeshm, Iran.

5 Assistant professor, Department of law, Faculty of Humanities, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran.



From the beginning of creation and creation of human communities until today, many dangers have threatened people's lives. Some of these risks leave such an economic impact and bring the level of livelihood to its lowest level that causes governments to feel responsible towards the victims and organize their efforts to manage these risks. The declaration of such responsibility by governments and the creation of social insurance cause such risks to take on a social color. Although examples of social risks, which can be classified into three categories of risks arising from professional life, physical risks and risks arising from family formation, have been identified in many legal systems, but the concept of social risk is still neglected. Acceptance of the opposite of risk raises the idea that when a person implicitly or explicitly accepts the risk of harm caused by another party, he cannot demand damages from the causer of the harm due to the harm caused. Countering the risk is a one-sided legal act that affects the ability to assign fault to the defendant, and is an absolver of fault or an obstacle to guarantee. In Iranian law, the theory of conflict of risk is not accepted, but this theory is widely used in society.