The prevention of harm constitutes a fundamental concern within all legal systems. Among various legal doctrines, the theory of prevention occupies a pivotal role in the domain of civil liability by endeavoring to forestall potential damages through the application of established legal principles and norms, thereby enhancing legal certainty within social relations. Unlike traditional approaches that focus predominantly on compensating damages post-occurrence, this doctrine emphasizes anticipatory and precautionary measures, thereby contributing significantly to the realization of preventive justice.

Within the Iranian legal framework, no explicit rule or principle directly articulates the doctrine of prevention. Nevertheless, numerous principles derived from Islamic jurisprudence and Iranian substantive law underpin this theory implicitly. Notable among these are the principles of la darar (no harm), bena-ye 'aqlā (the reasoning of rational individuals), sadd al-dhara'i (blocking the means), the principle of precaution (ihtiyat), and the rule of respecting others’ property. These principles, grounded in Twelver Shi’a jurisprudence and practical reasoning, collectively emphasize the imperative to avoid actions likely to cause harm to others and thus serve as foundational supports for the acceptance and reinforcement of the prevention doctrine.

Conversely, the English legal system, grounded in common law traditions, adopts a distinct yet aligned approach through doctrines such as public interest, proportionality, the neighbor principle, reasonableness, and the standard of reasonable care. These legal constructs collectively underscore the necessity of exercising preventive conduct in relation to third parties.

A comparative examination of these two legal systems reveals that despite their structural differences, both prioritize harm prevention through a rational and public welfare-oriented framework. This article aims to analyze comparatively the jurisprudential and legal foundations of the prevention doctrine in Iranian and English law.

Keywords:Harm,Imminent,Precaution,Liability,Prevention