جبران خسارت

Open Access Article

1 - Civil Liability of Minor Supervisor Against his detrimental Act in Iran and England’s Law
Maryam Tafazoli Mehrjardi Behshid Arfania

Minors cannot manage their affairs personally because of their age or physical disabilities and they need the help of others in the realm of life. The legislator has been supporting them, in addition to the stone that has been prescribed for the protection of their righ More

Minors cannot manage their affairs personally because of their age or physical disabilities and they need the help of others in the realm of life. The legislator has been supporting them, in addition to the stone that has been prescribed for the protection of their rights and interests, Has designated a person or persons to manage their affairs. The civil liability of the supervisor against a minor is either a law or a fault-based contract and he is held liable if the supervisor declines to keep the money. In the Iranian legal system under Article 1238 Civil Law and Article 7 Civil Liability Law if the supervisor fails to maintain custody and harm the child to others and common law system, it is the responsibility of the superintendent to fulfill the civil responsibility of the child, and he is held responsible for what he has done in the custody of the child. Manuscript profile

Open Access Article

2 - Compensation for Losses Caused by Increase in Prices of Object of Sale and Security against Faults in Tille
Pouria Razi

The mechanism envisaged by the Civil Code regarding the guarantor of a security against faults in tille, economically, makes a large part of the damage indemnified, especially damage caused by the difference in price of object of sale. The uniform practice verdict No. 7 More

The mechanism envisaged by the Civil Code regarding the guarantor of a security against faults in tille, economically, makes a large part of the damage indemnified, especially damage caused by the difference in price of object of sale. The uniform practice verdict No. 733, while posing the same question, has seen it as damages caused by the devaluation of currency. However, the fate of the possibility of obtaining compensation due to the difference in prices of object of sale is unclear. The remedies proposed by lawyers to compensate for these losses will remove the security against faults in tille from its original form. It seems that by studying the exact nature of today's currency as an exchange commodity not consumed, it would not only be possible to clarify the liability for this loss, but also to define the security against faults in tille in accordance with the new concept of currency. Manuscript profile

Open Access Article

3 - Examining contract termination in Iranian law by comparative study with the principles of international trade agreements
Masoumeh Ghadirian Mozafar Bashokouh Alireza Lotfi Dudran

The upward trend in the internationalization of contracts, especially international business contracts, requires the adoption of laws in harmony with other well-known legal systems. To avoid problems due to differences in the methods and methods used to regulate interna More

The upward trend in the internationalization of contracts, especially international business contracts, requires the adoption of laws in harmony with other well-known legal systems. To avoid problems due to differences in the methods and methods used to regulate international trade, the coordinator internal regulations are imperative with the passage of laws and other regulations. Regarding this issue, the present article deals with the comparative analysis of the guarantees of violations of contractual obligations in Iranian law and the principles of international trade agreements with the aim of explaining the rules governing the guarantee of implementation and its implementation with domestic law. Problems and issues related to the performance of contractual obligations are a series of substantive issues, and the most important part of the contracts is the guarantee, which is described in the Unidroit principles in chapter seven, which is discussed in the treatise. The performance bonus that is presented in most legal systems In case of violation of contractual obligations, they can be resorted to out of three categories. At first sight, it may require the execution of the same contractual obligations from the obligated party. The second one can request alternative compensation from a committed one, which is usually done by paying money and finally, it can cancel the contract, which seeks to examine the distinction and sharing of the guarantees of violations of contractual obligations in Iranian law and the principles of international commercial contracts. According to the research, despite the many similarities between the two, differences it is also seen that they are not so important and can be adjusted by using other institutions in Iranian law. Manuscript profile

Open Access Article

4 - Moral approach to compensating for the spiritual damage caused by the decline of reason in jurisprudence and Iranian law
Mohammad Ferdosi Pour MOhammadReza Kazemi GolVerdi Hossein Ahmary

The development of moral principles has been one of the necessities of human society throughout history. Also, the most important point that should be addressed in the discussion of compensation for spiritual damage is the definition of moral damages. Jurists and jurist More

The development of moral principles has been one of the necessities of human society throughout history. Also, the most important point that should be addressed in the discussion of compensation for spiritual damage is the definition of moral damages. Jurists and jurists have tried to provide a logical definition of spiritual damage. Damage is not limited to financial losses, but spiritual damage damages and damages the most important dimension of human personality, which is its spiritual and spiritual dimension. However, in jurisprudence, compensation for material damages in both positive and negative types has been strongly and frequently considered and revised in Iranian jurisprudence and criminal law. However, the issue of "spiritual damage" still has much to do with the current laws and even jurisprudence. This article seeks to pay attention to the importance of reason in Islamic penal laws and criminal procedure and the methods of compensation for damages due to its loss or decline, using a descriptive-analytical method and considering jurisprudential and legal sources. Finally, with the aim of removing ambiguity from Qunin and emphasizing the spiritual rights of reason and by examining and analyzing the legitimacy of "spiritual damage" and how to compensate it by studying the current laws, especially the new criminal procedure and Islamic Penal Code, as well as civil liability and Its application to the rules of jurisprudence, such as the rule of no harm, the denial of hardship, pride and waste, as well as the examination of the rule of reason, we will conclude that spiritual damage can be claimed. Manuscript profile

Open Access Article

5 - Principles of State Civil Liability for Environmental Pollution
Sayed Ahmad Asgari Arjnky

Today, with the expansion of international relations and relationships, the issue of environmental law has been at the forefront of international attention, and all governments and individuals are working to maintain environmental conditions in a healthy environment. On More

Today, with the expansion of international relations and relationships, the issue of environmental law has been at the forefront of international attention, and all governments and individuals are working to maintain environmental conditions in a healthy environment. One could consider one of the components of a good state or good governance as an environmental issue and, in particular, a clean air. In fact, one of the most important environmental issues is the issue of air pollution, which today is inevitable to find solutions to tackle and mitigate this phenomenon. It should be noted that the right to a healthy environment, except for human rights, including rights Is inherent in human beings. In order to deal with this phenomenon, civil liability was raised, according to which the loss factor should be compensated. One of the foundations of civil responsibility is the theory of fault that this theory is less used because of the lack of recognition of the actual cause of the damage, and to solve this problem, theories of liability are blamed and blamed on the responsibility of the majority of European countries. The remedies in this area are also restoring the state of the past, eliminating the source of losses, compensating for losses, and committing to non-contamination. In the area of civil liability caused by pollution, there are complexities such as the multiplicity of features, gradual and hidden losses, the difficulty of assessing damages, and the ability to prove the relationship between the causation. Therefore, it is necessary in this regard, It will be possible to first develop preventive measures against people, as well as by adopting precise and comprehensive laws and regulations in this area, these issues can be reduced. Manuscript profile

Open Access Article

6 - Victims of Peace: UN Responsibility and Remedial Mechanisms
ghasem zamani

Occasional violations of international law occur as the United Nations and its peacekeeping forces carry out their important responsibility and mission for protecting global peace and security. Remedial mechanisms become more complicated when the actions of peacekeeping More

Occasional violations of international law occur as the United Nations and its peacekeeping forces carry out their important responsibility and mission for protecting global peace and security. Remedial mechanisms become more complicated when the actions of peacekeeping forces are attributed to the UN as a result of certain principles of international responsibility. On the one hand, the UN’s responsibility toward victims of such violations requires the world body to be answerable while, on the other hand, its immunity to trial in national and transnational courts, has barred victims from taking legal action. Although the UN has taken steps to solve this problem in order to restore the credit it has lost as a result of the actions of its forces as well as its immunity, the proposed mechanisms have posed new challenges, thus, making the UN target of new criticism. Such criticism seems even more justified as a result of the promotion of human rights in international community and alterations in the aforesaid immunity. The present paper discusses the necessity of introducing new mechanisms or reforms by the UN which would make the existing mechanisms more efficient and fairer Manuscript profile

Open Access Article

7 - Government civil liability for damages resulting from terrorist acts
Naheed Barakzehi

Terrorism has become one of the most important issues in today's world community. Although there is no specific definition for it, this does not diminish the importance of this issue. In recent decades, a wide range of terrorist acts have been committed in the world and More

Terrorism has become one of the most important issues in today's world community. Although there is no specific definition for it, this does not diminish the importance of this issue. In recent decades, a wide range of terrorist acts have been committed in the world and in Iran. According to the research, the most important question of the present dissertation is: What is the basis of the government's responsibility for compensation for terrorist incidents? The hypothesis that arises from the heart of the main question is: It seems that the main basis of the government's responsibility for compensation for terrorist acts is the theory of fault. Victims of terrorist incidents must first prove the government's negligence or failure to ensure public order and security so that they can turn to the government and claim damages from terrorist incidents, and then compensate the victims materially and spiritually through insurance or charities. And provide the necessary medical support and during the proceedings, by providing the necessary facilities and guarantees to file a lawsuit, pave the way for the victims of these incidents to achieve their rights, and take the necessary measures to prevent re-victimization, consolation and creating a sense of security. Explaining the civil liability of the government and the concept of terrorist acts and finally identifying ways to compensate the government for terrorist acts is one of the most important objectives of the present study Manuscript profile

Open Access Article

8 - A Critical Look at Judges' Civil Liability in Iranian Jurisprudence and Law
Shaghayegh Shaghayegh shamsi Abedin momeni

10.61186/ahrar.38611.2.4.68

According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation i More

According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation is done by the government. It seems that the principle of government responsibility for the judge's mistake in jurisprudential books was due to the necessity of ijtihad in judges, and jurists based on this condition the verdict issued by the judge was considered his fatwa and they believed that the judge rules by his ijtihad, so they put the responsibility for compensation on the treasury. But the important point is that he should not be granted judicial immunity, because everyone has a responsibility wherever he is, and he should be held accountable for that position and his mistakes, and the judge, like other members of society, is paid for the act of judging and this does not cause the government, which has no worker-employer relationship with the judge, accept compensation for the damages caused by act them. Therefore, the purpose of writing this article is to critique the judicial process in the civil liability of judges and to compensate the damages from the government. The research method in this study is analytical-descriptive and the method of collecting information is library and documentary. Manuscript profile

Open Access Article

9 - Examining The Methods Of Compensation For Minor Damages In Iranian And British Law
Maryam Tafazoli Mehrjardi Behshid Arfania

10.61186/ahrar.38612.2.4.82

The purpose of civil liability is to compensate the injured party. If the terms and conditions of civil liability of the minor guardian are met, the injured party has the right to seek compensation from the guardian. In Iranian law, the purpose of compensating the inj More

The purpose of civil liability is to compensate the injured party. If the terms and conditions of civil liability of the minor guardian are met, the injured party has the right to seek compensation from the guardian. In Iranian law, the purpose of compensating the injured party is to return him/her to his/her former state. This means that the damage caused should be compensated and restored in a way as if it has not been occurred at all. The minor guardian, like any other civil responsible person, is only liable for the attributable damages resulting from the minor’s act. In the common law system, civil liability arises from the act or omission, which has caused damage to the other, mainly due to the negligence of the perpetrator, and he/she must take action to compensate it. If in order to determine the pattern of care and compliance, the performance of the harmful person is evaluated with the performance of the normal person, which is sometimes related to the action of the harmful person such as probability of loss and probable damage and sometimes related to the injured person. Manuscript profile

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