مسئولیت مدنی

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 - Government's Civil And International Responsibility For The Damages Caused By The Internet
Rasoul Malakooti Mona Khalilzadeh

Internet space is a territory in which time and place are meaningless in the conventional sense, so government sovereignty and control are not perfect. However, the government (in a sense) as the sole originator of the international (internet) point of contact in the More

Internet space is a territory in which time and place are meaningless in the conventional sense, so government sovereignty and control are not perfect. However, the government (in a sense) as the sole originator of the international (internet) point of contact in the country, for the primary oversight of the licensing and provision of Internet services to legal entities such as ISPs or the transfer of sovereignty to some Attendees in cyberspace, including their agents and employees, or duties to ordinary citizens or to certain corporate actions, may have civil liability for damages resulting from the use of the Internet stewardship or retaliation. Also in international crimes that endanger world peace and security, the government will also have international responsibility as a result of acts of harm done personally or by private actors. Cyber-attacks as a Wrongful international act by the government with government bodies have been greatly reduced due to their ability to identify and attribute to the government, and governments are seeking to curb the These nongovernmental actors carry out such attacks in order to avoid responsibility. Manuscript profile

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3 - Investigating The Element Of Fault In The Civil Liability Of The Minor Guardian In Iran And England’s Law
Maryam Tafazoli Mehrjardi behshid arfania

The objective of civil liability is to maintain the coexistence of individuals in society; If a person inflicts unlawful harm on other person, he is responsible for the effects of his harmful actions. Therefore, regardless of the injurer’s physical and mental conditions More

The objective of civil liability is to maintain the coexistence of individuals in society; If a person inflicts unlawful harm on other person, he is responsible for the effects of his harmful actions. Therefore, regardless of the injurer’s physical and mental conditions, what he has done should be examined as being in conflict or compliance with the behavior of a reasonable or normal human being as a criterion of fault. In Iranian law, fault has a social meaning and therefore minors can be deemed guilty and responsible in this respect. If a guardian is responsible to maintain or to take care of a minor according to the law or the contract and commits a fault accordingly, the minor is not responsible but the person who has failed to maintain or to take care of the minor will be responsible for the compensation. Under English law, guardians, including parents and others caring for minors, have no representative responsibility for minors’ faults. The guardian is only responsible if he or she has personally failed to take care of or has motivated the minor to commit a fault. Manuscript profile

Open Access Article

4 - Legal and moarl effects of false advertising

we should account the advertising as a basic Element in the fate of countries, that role plays in both internal and International domain. Sometimes, the advertising is untrue, and includes some Properties that they are not in present goods or specific services .we can s More

we should account the advertising as a basic Element in the fate of countries, that role plays in both internal and International domain. Sometimes, the advertising is untrue, and includes some Properties that they are not in present goods or specific services .we can study this kind of advertising, in different aspects. From these aspects, we can name the legal and moral effects of false advertisings on human rights, society and Audiences. If the ads contain false, they are searchable in Ethics, In addition to the contractual relationship as breach of contract, and in civil liability. The main question of this Article is that what legal liability for false advertising is, and what are effects on contract between the parties, and also what are morally adverse effects on the audience and the community Manuscript profile

Open Access Article

5 - The civil and moral responsibility of the government in applying financial policies based on the criterion of heavy fault
ghafour Khoini abolhassan mojtahed soleimani amirhossein bahreini

The civil responsibility of the state is a challenge that has been challenged since the formation of modern-day local governments and has experienced many downs and downsides. One of the relatively newer arenas in this area is civil liability due to government financial More

The civil responsibility of the state is a challenge that has been challenged since the formation of modern-day local governments and has experienced many downs and downsides. One of the relatively newer arenas in this area is civil liability due to government financial policies. These policies have greatly influenced the fate of the people and economic activists, and occasionally caused a lot of damage to them. Accordingly, it is necessary to examine the nature of these policies in terms of the category of governance or business, the possibility of compensating for the damage and the basis for this compensation. At the end of this research, it will be clear that the application of financial policies can lead to civil liability of the state, if it is due to the heavy fault of the government or its agents. The basis for this compensation is based on the general theory of fault. Therefore, in the examples of the government's heavy blame for financial policies, such as the application of financial policies, regardless of the state of the country or the lack of monitoring of the implementation of policies and the like, should not cost the government such actions. Manuscript profile

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6 - Examining the moral responsibility and duties of the government towards responsibilities outside the will
Mohsen Lezgi Hossein Saberi Seyed Mohsen Jalali

The government's responsibilities towards involuntary civil responsibilities are important and fundamental issues that have not been addressed much. At the same time, the government's duties in this regard, given the growing importance of citizens' rights, are important More

The government's responsibilities towards involuntary civil responsibilities are important and fundamental issues that have not been addressed much. At the same time, the government's duties in this regard, given the growing importance of citizens' rights, are important and necessary issues for discussion. The main question that has been raised and examined in this article in the present article is what is the responsibility of the government from events from its moral and legal point of view? What are the jurisprudential principles, moral and legal principles, conditions and duties of the government towards responsibilities beyond its control? The present article is descriptive-analytical and examines the mentioned questions using the library method. The results of the article indicate that in Iranian law, the government is committed to responsibilities beyond its control. The theory of equality of citizens, the theory of distributive justice, the theory of guarantee of rights, the observance of the rule of justice and the theory of the insuring state are the moral and legal foundations of the government's responsibility for unintentional events. Lack of reason or his inability to pay the ransom, the judge's mistake in judging the government's duty in the event of an accident, and the government's obligation to pay the ransom for traffic accidents (bodily injury insurance fund). One of the most important examples is the responsibility of the government towards responsibilities beyond its control. Manuscript profile

Open Access Article

7 - Representation of religious thoughts on civil liability arising from harassment and its associated with British law
Alireza sharifi Mohammad molodi

Civil liability from nuisance in property laws is one of the major areas in civil liability. People may cause nuisance or inflict harms to the latter through exercising their rights of occupation in properties. This subject matter is the area at which property rights an More

Civil liability from nuisance in property laws is one of the major areas in civil liability. People may cause nuisance or inflict harms to the latter through exercising their rights of occupation in properties. This subject matter is the area at which property rights and civil liability converge. On the one hand, the proprietor reserves an unlimited right of occupation in his/her property (Article 30 of the Civil Law). On the other hand, the right to property is restricted to this natural and legal right that the latter's property receives no damage (Article 132 of the Civil Law, and Principle 40 of the Islamic Code). The Civil Law does not have an explicit decree as to the civil liability of the proprietor and has not enumerated its provisions or elements either. Therefore, by comparative study of the subject, and via the analytical-descriptive method, it was concluded that the extra occupation of the reasonable would have the result of civil liability, if it would create nuisance in the property law and damage to the neighbor, whether it is intended or unintended for the proprietor. The absoluteness of the right, reasonableness of the act and satisfaction of needs shall not remove liability. However, the rule of "Prohibition of Detriment" governs the relations arising from vicinity and neighborhood, and the occupation by the occupier is customarily endurable by the vicinity law. Manuscript profile

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8 - رعایت حریم خصوصی در فضای مجازی موردمطالعه: حقوق ایران
Arash Shoghnian

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Open Access Article

9 - 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

10 - Civil liability and moral responsibility of governments in proportion to the exercise of their executive role
SEYEDAMIR ALEMOHAMMAD ali akbar gorji

The role of the state in political society is the most important discussion of political philosophy about the state. However, whether we consider the origin of the state as a contract or the state as a natural phenomenon, the mission we ascribe to it can be raised to so More

The role of the state in political society is the most important discussion of political philosophy about the state. However, whether we consider the origin of the state as a contract or the state as a natural phenomenon, the mission we ascribe to it can be raised to some extent independently of the discussion of its origin. Theories related to the role of government can be divided into two main groups. The first group, which considers the limited intervention of the government in society, includes the school of liberalism and its different tendencies and perceptions. In this group, the role of the government is basically negative and deterrent, and government intervention in citizens' rights has an exceptional aspect that must be justified based on the basic concepts of freedom, justice and equality. It is the government. In these theories, the starting point of the discussion is society and the individual is considered a subject of society. However, in this group, too, there is a lot of respect for freedom. However, the provision of freedom is not possible except in the shadow of justice (especially distributive justice) and equality. The most prominent representative of this group is the school of socialism, which is very common in the political systems of Europe today. These roles of governments from a moral point of view have significantly affected the fate of individuals and economic actors and have sometimes caused great damage to them. Accordingly, it is necessary to examine the nature of the policies of these two groups in terms of being in the category of governance or enterprise, from a moral perspective, to examine the possibility of compensation and the basis of this compensation. Manuscript profile

Open Access Article

11 - The international responsibility of states for terrorism and its financing
Baqer Shamloo ahmad mohammadi

In the sphere of international law, governments have an obligation to prevent and combat terrorism related crimes and not to support or sponsor these crimes. A government that directly or indirectly commits, sponsors or indulges in terrorism related crimes will be held More

In the sphere of international law, governments have an obligation to prevent and combat terrorism related crimes and not to support or sponsor these crimes. A government that directly or indirectly commits, sponsors or indulges in terrorism related crimes will be held liable by internal law. Any support for terrorism, whether directly or indirect, according to international conventions is prohibited. Apportioning/holding the government responsible internationally according to civil and criminal acts for which the terrorism act was committed can be an appropriate response to this state sponsored terrorism. This article analysis the international responsibility of governments for acts of terrorism and its financing. The present article has been written by descriptive-analytical method and based on written documents and sources and its information has been sourced through journals, books and articles available in the library through research. The present study concludes that with the spread of government sponsored terrorism and other international crimes enormous death rates and destruction of property, environment and livelihoods is witnessed. These losses left by them, including targeting the vital interests of governments harms the threat of international peace and security. Most of the countries in the world understand the need to implement and apply the theory of international criminal justice. The governments have come to believe that the positive results of such an approach and realised that the benefits far outweigh the possible negative consequences to combat international crime. And this is possible only by accepting and implementing strategies to protect and insulate from such criminal acts. The responsibility of the governments and individuals in accepting criminal liability should be objective. And hold groups and individuals who commit such crimes responsible. Manuscript profile

Open Access Article

12 - 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

13 - 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

14 - U.S. Judicial Opinion on Civil Liability Resulting from Breaches in Privacy
Masoumeh Mazaheri Mahsa Jamshidi Shahmiri

Civil liability rights play a significant role in supporting privacy rights of people. Civil liability laws shall guarantee fair indemnification of losses sustained to people and shall prevent emergence of tort in the society. In U.S. law, along with conventional civil More

Civil liability rights play a significant role in supporting privacy rights of people. Civil liability laws shall guarantee fair indemnification of losses sustained to people and shall prevent emergence of tort in the society. In U.S. law, along with conventional civil liability, modern civil liability has clarified the fundamentals and pillars of various types of civil liability resulting from breaches in privacy. This paper, developed through descriptive-analytical method, reviews fundamentals, pillars and exceptions of various types of civil liability resulting from breaches in privacy in the legal system of the United States. Findings of the paper indicate that in the civil liability resulting from breaches in privacy, the U.S. legal system has duly recognized privacy right as an independent right and has accordingly established an integrated judicial procedure related to civil liability resulting from breaches in privacy. Manuscript profile

Open Access Article

15 - Social commitment in civic responsibility despite luxury goods
Seifollah Golijani Moghaddaam Asadollah Lotfi mahmud ghayumzadeh

In order to issue a sentence for compensation, it is necessary to establish the relationship of causation, and if this relationship is not established, it is not possible to issue a sentence for compensation and hold one or more persons responsible. The requirements ari More

In order to issue a sentence for compensation, it is necessary to establish the relationship of causation, and if this relationship is not established, it is not possible to issue a sentence for compensation and hold one or more persons responsible. The requirements arising from this evidentiary rule are recognized as a legal obstacle to compensation. The relationship of causality can be assumed in various ways; This means that either a single agent was involved in the damage, or multiple factors, and in the case of multiple factors, or all of them participated in causing the damage, or all of them were involved as a cause, or some as a cause and Some of them have played a role in causing damage. In order to solve the problem in question, legal systems have presented various methods and solutions for the issuing of judgments and how to compensate the injured party, and Islamic jurisprudence has significant views in this field, which will be examined in the upcoming article. Opinions are paid. Manuscript profile

Open Access Article

16 - Civil responsibility of hospital construction, the centrality of legal entities in Iranian law
Mohammad Khobi mikhosh

10.61186/ahrar.45867.4.7.1

The aim of this research is to examine the civil liability of hospital construction with a focus on legal entities in Iranian law. The research method is descriptive-analytical, and information has been collected using library sources. The results of the study show that More

The aim of this research is to examine the civil liability of hospital construction with a focus on legal entities in Iranian law. The research method is descriptive-analytical, and information has been collected using library sources. The results of the study show that the basis of civil liability arising from construction in Iran is established in various laws, including the Civil Code, Civil Liability Law, Islamic Penal Code, and other laws. In addition to general rules of civil liability, there are also specific rules regarding the civil liability of construction in the Civil Code, Civil Liability Law, and Islamic Penal Code, which are generally based on fault. However, the basis of fault in construction is inappropriate and proving fault by the injured party seems incorrect. The civil liability of legal entities in hospital construction, like other constructions, is based on presumed fault. Although current regulations in this area do not have the necessary efficiency, effectiveness, deterrence, and compensation due to the sensitivity of hospital construction, resulting in non-compliance with construction regulations and consequently, short-lived buildings, irreparable damages, lack of trust in constructions, insecurity in buildings, and unsuitability of hospital buildings for patients' needs. As a result, the civil liability of legal entities in hospital construction based on the principle of fault is worth investigating. Manuscript profile

Open Access Article

17 - Medical Liability Between Islamic Republic Of Iran And Italy
Samad Golbandi Haqiqat

10.61186/ahrar.45873.4.7.1

Nowadays, medical malpractice is considered to be a current topic in law; however, there`s no unanimity as to its definition among different countries. Therefore in this article a comparative study of medical malpractice laws in Iran and Italy is presented. The goal of More

Nowadays, medical malpractice is considered to be a current topic in law; however, there`s no unanimity as to its definition among different countries. Therefore in this article a comparative study of medical malpractice laws in Iran and Italy is presented. The goal of this article is comparing medical malpractice laws in Iran and Italy. It will study civil and criminal liabilities of the practitioner, the foundations of liability, the basics of practitioner’s liability, patient’s consent, practitioner’s duty in disclosing information regarding the illness and the side effects of treatments, and also governmental insurance coverage. The study shows that in both countries, the Theory of Commitment is considered as the criterion for causing liability, and the practitioner’s commitment in monetary matters is a obligation of means . Manuscript profile

Open Access Article

18 - Civil liability of arbitrators in online arbitration
Reza Shahidi sadeghi

10.61186/ahrar.45878.4.7.1

Arbitration is one of the most common methods of peaceful dispute resolution in domestic and international disputes outside of state courts. In the present era, international commercial arbitration has become more important among merchants due to its faster resolution a More

Arbitration is one of the most common methods of peaceful dispute resolution in domestic and international disputes outside of state courts. In the present era, international commercial arbitration has become more important among merchants due to its faster resolution and cost savings for both parties, and therefore, access to new communication technologies by the global community has led to the emergence of arbitration in the virtual world and become a matter of concern. Therefore, arbitrators accept certain duties under the arbitration agreement between the parties, which, if not fulfilled, may result in civil liability for breach of contract and consequently, cause material and moral damages and establish causation. In general, the legal system of customary law has accepted immunity (exemption) from liability for international arbitrators, and in written legal systems and the arbitration system of Iran, the principle of civil liability of arbitrators has been accepted. The question that arises in the mind of the writer is what effects and provisions are applicable to the civil liability of arbitrators in virtual arbitration? In response, it should be said that due to the lack of independent, explicit, comprehensive, and coherent laws and regulations on the civil liability of arbitrators in virtual space in domestic and international areas and the fact that virtual arbitration is essentially similar to traditional arbitration, and only differ in formalities and procedures governing the process, it seems that the issue of civil liability of arbitrators in traditional and virtual arbitration does not have much difference in terms of effects and provisions. Manuscript profile

Open Access Article

19 - Analytical study of the rule of urgency in Islamic law and jurisprudence
Abbas Ali Bahari Ardashiri Sayed Mohammad Shaffiey

The set of actions and conditions that a person or persons inflict on a person or persons to avoid a current threat is called a state of emergency. The rule of urgency refers to a ruling in case of which a person refuses to perform the obligatory rules by the rule of re More

The set of actions and conditions that a person or persons inflict on a person or persons to avoid a current threat is called a state of emergency. The rule of urgency refers to a ruling in case of which a person refuses to perform the obligatory rules by the rule of reason and frees himself from that severe danger by committing a forbidden act and causing harm to a person or other persons. But this damage must always be as great as the danger that is created and more damage must be avoided. Article 206 of the Civil Code, while validating an emergency transaction, states that if a person enters into a transaction as a result of a personal emergency, it is not considered contempt. The cause of external urgency is the ruling of the Cairo power, so it eliminates the causal relationship between action and distress and harm. Accordingly, the distressed person is not liable unless it can be held liable under civil liability. Components of fairness or non-fairness of contracts include abuses of the position of a person or persons in a state of emergency. This article examines whether an emergency can relieve civil liability or not, and examines the contracts that are made with distressed people, as well as the ruling on their invalidity or non-invalidity. Manuscript profile

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