civil liability of inconclusive cause with view to islamic criminal code 1392

نویسندگان

عباس کلانتری خلیل آباد

دانشیار دانشگاه آیت الله العظمی حائری سعیده سلیمانی پای طاق

دانشجوی کارشناسی ارشد فقه و حقوق خصوصی دانشگاه آیت الله العظمی حائری

چکیده

there are three elements to identify the responsibilities of each party, loss, harmful act, and causality relation between the act and losses is essential and in among these three elements the third element has special importance and lack of proof of this element carries lack of responsibility. finding this relationship in the presumption that agent of loss is inconclusive between specified persons is difficult. some in this presumption believe that because of lack of causal relationship there is no responsibility that this is not according to justice. but in this assumption there is responsibility and as result the responsibility is proved and the only issue is that losing acts exist in the same time so unpredictable of loss is probable. so with prove of responsibility in respect of compensation different methods are suggested. some accept  the option of judge in choice of the liable person, some believe that compensation should be paid by beyt alma. some believe that for specify the final liable should take action via ballot. other group states that by rely on equity rule, distribution of liability between individuals is possible. in the view of statute law, duty of this subject has not been expressed but exact analysis of this subject and also existence some ground in relation to inconclusive cause in islamic criminal law (section477 and 479) and possibility of contagion of these issue to civil liability of inconclusive cause show that joint and equal liability of agents. is cause.

برای دانلود باید عضویت طلایی داشته باشید

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

Law Enforcement; a Function of Criminal Liability or Civil Liability

Despite the fact that in investigations and legal writings enough consideration has been paid to the founding principles and rules governing civil and criminal liability as well as damages of crime, the legal or disciplinary responsibility accompanying these two types of legal responsibilities has not been taken seriously into account and the people involved it - in particular, the authorities ...

متن کامل

Jurisprudential-Legal Investigation of the Surgeons’ Civil Liability in Plastic Surgeries with an Emphasis on Islamic Penal Code of Law Passed in 2013

The Present Study Studies the Basics of Plastic Surgeons’ Civil Liability and, in Line With this, Proposes Issues Like the Nature of the Surgeon’s Commitment, Kinds of the Surgeons’ Liability, the Concept of Medical Error and the Commitments and Requirements of the Surgeons Doing Plastic and Reparatory Operations as Well as Many of the Other Similar Issues in the Realm of the Medical Laws. The ...

متن کامل

tortious liability of mental disabled in iranian civil code

the mental disabled are not regarded responsible for their harmful behavior as they are unable to realize the harmful effect of their conduct. thus their behavior cannot be considered as culpable and they are not at fault in a moral sense. however french law (art. 489- 2 code civil) and iranian law (art. 1216 iranian civil code), impose legal liability to such persons for their tortiuos behavio...

متن کامل

Civil Liability for Environmental Damage

Protecting nature and preserving its health is emphasized by different religions and human mind. Enjoying a healthy environment is a fundamental human right. Any damage to the environment requires compensation of damages incurred, which is within the scope of civil liability. The key question here is what is the nature of civil liability for environmental damage? How does choosing the right nat...

متن کامل

Necessity of Criminal Protection of Intellectual Property Rights with a View to its Moral Basis

Background: For several centuries, there has been a debate about the dimensions of intellectual property to support the thinkers of society and prevent their exploitation. Unfortunately, this invisible and powerful asset is increasingly vulnerable. Therefore, establishing favorable regulations, guaranteeing proper criminal enforcement and effective enforcement of laws in order to protect these ...

متن کامل

Corporate Criminal Liability

The Common Law: Vicarious Liability and the Development of Primary Liability UNLESS THE TERMS OF THE STATUTE INVOLVED SPECIFICALLY PROVIDE TO the contrary, the criminal responsibility of a company or corporation, as distinct from its officers or employees, falls to be determined by common law principles. Under original common law, a company could not be convicted for any criminal offence. The c...

متن کامل

منابع من

با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید


عنوان ژورنال:
پژوهش های فقهی

جلد ۱۱، شماره ۲، صفحات ۴۱۳-۴۴۲

کلمات کلیدی
there are three elements to identify the responsibilities of each party loss harmful act and causality relation between the act and losses is essential and in among these three elements the third element has special importance and lack of proof of this element carries lack of responsibility. finding this relationship in the presumption that agent of loss is inconclusive between specified persons is difficult. some in this presumption believe that because of lack of causal relationship there is no responsibility that this is not according to justice. but in this assumption there is responsibility and as result the responsibility is proved and the only issue is that losing acts exist in the same time so unpredictable of loss is probable. so with prove of responsibility in respect of compensation different methods are suggested. some accept  the option of judge in choice of the liable person some believe that compensation should be paid by beyt alma. some believe that for specify the final liable should take action via ballot. other group states that by rely on equity rule distribution of liability between individuals is possible. in the view of statute law duty of this subject has not been expressed but exact analysis of this subject and also existence some ground in relation to inconclusive cause in islamic criminal law (section477 and 479) and possibility of contagion of these issue to civil liability of inconclusive cause show that joint and equal liability of agents. is cause.

میزبانی شده توسط پلتفرم ابری doprax.com

copyright © 2015-2023