the criterion of apportionment the loss between the tortfeasors: a comparative study in common law and roman-germanic law

when the victim contributes to the damage, the apportionment of liability is necessary, and the amount of compensation awarded to the victim should be reduced. also, when more than one person injures someone, the liability must be divided between them. but the problem is that how to apportion liability? should the liability be apportioned equally or different? and if the latter is true, how the share of any one is determined? in foreign legal system, specially, common law and romano- germanic law, there are different idea in this regard, and the case law has impressive evolutions. this paper criticizes the available solutions in foreign legal system and will attempt to examine the evolution of case law and doctrine in this field and express the solution that now govern in common law and romano-germanic law.