جستجوی مقالات مرتبط با کلیدواژه « مسؤولیت مدنی » در نشریات گروه « فقه و حقوق »

Natural resources such as land and mountains and seas are one of the God-given riches of societies protect and utilize it is one of the major tasks of governments. One of the most important natural resources is national land; it may be forest or grassland or desert. It is extremely important to distinguish national lands that belong to all people from agricultural lands that belong to a private owner. The that law gives the rangers the right to identify these two types of lands based on certain legal rules and criteria. Since there is always the possibility of rangers mistake in this diagnosis, in case of objection of the interested party, special legal authorities to deal with the objection and invalidation of ranger theory are provided in the law, which in some cases a special commission and in some other cases It is legal. In addition, according to the general principles of law, such as the principle of compensation for all illegitimate damages, and also according to the jurisprudential rule, it should be said that if the warlord has committed a mistake in identifying lands, the owner of the land, who has already suffered damage due to this misdiagnosis, can file a lawsuit against the warlord in the General Court of Legal Law in accordance with the general rules of civil liability and claim the damages.

One of the indisputable principles of jurisprudence and law is the need to compensate the damages caused to others. If the damage is caused by nonperformance of contractual obligations, the basis of the lawsuit are the rules of contractual liability and if there is no agreement between the parties, the rules of tort will prevail over the relations between the parties. According to the general rules, proving the elements of tort is necessary and incumbent on the injured party. One of the evidences for proving a claim is an oath, and one of the types of oath is a decisive oath, which, if the conditions are met and the relevant rules are observed, can be invoked in a civil liability lawsuit to prove the elements of the claim. In cases where the infliction of bodily or financial damage is caused by alternative causes, sometimes the injured party does not have the ability and requirement evidences to prove the causation and the probability of taking an oath and playing a role is much higher than other cases. The method of this research is descriptive-analytical. Regarding the role of decisive oath in proof of causation, there are many different opinions that it seems appropriate that taking an oath by the defendant or the accused as the cause of the termination of the causation and his innocence and, in the end, if a person cannot be held liable for damages, it must be ordered to pay damages from the public budget.

With the adoption of the EU Compensation Guidelines for the 2014 EU Anti-Monopoly Act to compensate for all damages and even profits and lost profits (direct and indirect purchasers), absolute liability was foreseen for violators of competition law. There are exceptions to this rule, of course. This did not happen until the end of 2016, despite the Member States' requirement to implement these rules in their national legal system due to legislative and administrative challenges. Some of the challenges are related to being possibility to turn us over to absolute responsibility or agree contrary to the rules of procedure, the deterrence aspect, litigation, challenges associated with indirect buyers at the end of the supply chain and informing buyers These challenges and other challenges that have arisen have led to the Union issuing a statement on how to implement the provisions of this directive in the legal system of the Member States. Identifying these challenges and the solutions offered in this regard can pave the way for legislative policy-making for the development and enhancement of competition law rules in the Iranian legal system.

Inconclusive cause is regarded as a topic with relevance in both civil and criminal law, with its application in areas where the perpetrator of the damage is unknown. Findings of this study, which have been conducted through the practical-analytical method of research, show that 4 views related to distribution of responsibility exist; First, neither is responsible since fault of no-one can be proven. Second, they have shares responsibility. Another view places the responsibility on the State, and the damages are payable via insurance funds or public funds (Bait-al-Maal). Based on the findings of another view, emphasises on balloting (lot), which was also accepted in the previous Islamic Penal Code of Iran. In French law, if the plaintiff has filed lawsuit against a group under the principle of error, the jurisprudence does not base the liability of each member of group, but takes into account their collective error. In Iranian Civil Liability Code, partaking in a group, a member of which has conducted an error result in shared responsibility for all members of that group.

The Caspian Sea, as the largest lake in the world, faces environmental problems on its shores and water borders, and its solution is criminal protection of the urban environment in the form of criminalizing destructive behaviors against trees, waste, air, water and soil pollution and noise pollution, as well as threats to public health and damage to the environment based on the provisions of the Convention on the Law of the Sea. Governments have the sovereign right to exploit natural resources according to environmental policies (water border of the Caspian Sea). The question is how to compensate the damage to the environment of the Caspian Sea? And the hypothesis is that the issue of Caspian Sea border contamination is always disputed. The result is that if the damage occurs by the workers in any case, even thought the sponsor government has done appropriate measures; it is possible to suppose criminal responsibility and compensation for him.

Some jurists use criterions like strict liability or fault as the philosophical basis of civil liability in economic paradigm. This article, aims to exploring relationship between these criterions and some epistemological, ethical and ontological debates; Or to be more precise, dependence of using these criterions on some main philosophical debates.

This research has been carried out in a library using descriptive-analytical research methods.

Ethical considerations related to writing texts and referring to sources was observed.

It has been argued that in this paradigm, Strict Liability, and Fault-based civil liability (1) do not imply free will, determinism or indeterminism, fatalism and they can be impartial to philosophical disputes over these philosophical themes. Then it has been argued that if we presuppose utilitarianism in ethics, that is, in a situation where ethics itself is based on cost-benefit calculations, then we will have the consistency between legal and moral responsibility using a common computational basis. However, we cannot inference an implication relationship in this context. We continued that in Economic paradigm, Strict Liability and Fault-based civil liability both imply non-Cognitivism.

Economic understanding of these theories has no effect on how they relate to philosophical controversies (on the concepts of causality).

The "La Haraj" rule is one of the most important rules concerning the civil liability of the government, which in some cases conflicts with the "La Zarar" (no damage) rule. In such cases we must try to find a reason to prefer one over another, otherwise the two reasons conflict and disapprove and another reason must be sought. It seems easier to practice this rule than citing the rule of "La Zarar" to deny civil liability regarding that the concept of hardship is more general in many cases and there is no need to hardship outer happening in terms of hardship conditions occurring; If the government takes action to eject hardship from the majority of individuals which may cause hardship to a minority, it is obligatory to do so due to the public hardship's ejection takes precedence over individuals hardship. But in relation to situational effects, if individuals hardship occurs, the government must amends it wherefore any damage must be compensated. If individuals hardship occurs but not lead to any damage, there no liability for the government to eject it.

The most important position of civil responsibility in societies is more tangible and sensitive. On the other hand, the relationship of contracts with public order has also caused some restrictions. The effect of the consent of the lost in civil liability conflict, even though is led to satisfaction. It is effective in some places and ineffective in other ones due to being against public order. Therefore, the accurate cognition of the lost satisfaction before and after occurrence of the loss in terms of effect and lack of influence and understanding other theoretical frameworks seem to be essential. On the other hand, the satisfaction of the lost with the assumption of maturity and accuracy which is not prohibited by law is also accepted by the intellectuals, rational, and the custom and conforms to the basis of the principle of sovereignty, and the will be in the rights and norm of the owner permission.

The fact that civil liability is based on full compensation and enjoys a restorative nature has afflicted some claims such as those for punitive damages with shortcomings and ambiguities. Such a challenge is not limited only to systems not having recognized punitive damages, rather it affects all legal systems. However, the level of legal systems’ affliction with this problem depends on the amount of formality which they attach to such an institution. Anyway, in the light of economic law development and the formulation of legal rules in areas such as economy, paying attention to the functions and challenges of institutions like punitive damages is quite justifiable. In the current situation, in addition to the issues of identification, the most important challenge facing the above-mentioned institution constitutes the problems resulting from claiming such damages. Therefore, in order to prove the effectiveness and success of the legal entity, we must present appropriate solutions to the challenges in addition to achieving its objectives. The present article, which is based on a pathological review, aims at providing a picture of legal shortcomings which claims for punitive damages suffer from. In line with this, after providing a brief explanation of the concept, objectives, and issues of punitive damages, we examine the obstacles on the way of this institution to gain better understanding meant to provide appropriate solutions for accepting putative damages. What eventually becomes clear is that despite the capabilities of punitive damages for settling some legal problems related to responsibility and deterrence, it does not still enjoy a stable and definitive status it deserves and that legal systems are trying to remove barriers to such an achievement.

One of the problems of urban life in the recent decades is the increase in construction in the form of reconstruction and renovation of worn-out buildings. One of the things that needs to be done in the renovation of the building is excavation and stabilization of the pit wall. There are several ways to do this, and the nailing method is one of the newest ones, which is both economical and more convenient, but despite these advantages, utilizing this method leads to trespassing the neighboring territory, and at the same time, the water, electricity and gas facilities of the adjacent or neighboring building may be damaged. As a result, this article seeks to explain the owner's civil liability for damages caused by the nailing regarding the owners of the adjacent buildings, passers-by and workers

The civil liability of the physician is of high significance as one of the issues argued in the civil liability and private law. Civil liability in Iranian law, based on the majority of jurisprudence, is relied on the theory of loss and causation. Accordingly, most jurists have justified the physician’s liability by relying on these two rules.
In this study, all articles published up to the winter 2021 in Persian on the liability of the influential factors in surgery with view to jurisprudence teachings were reviewed. By searching databases, Quarterly Journal of Medical Law, Iranian Journal of Surgery, sid. ir, Quarterly Journal of Medical Jurisprudence and Civilica Publications, Quarterly Journal of Private Law Research, through keywords as civil liability, Islamic jurisprudence, commitment and liability of physician, medical error and criminal liability, these articles were obtained. It has also been derived from reliable scientific journals from the above-mentioned articles and websites.
According to law historical course on physician’s liability in Iranian law, based on 2013 Penal Code, if the physician is not at fault in science and practice, there is no guarantee for him, even if he has not been acquitted (paragraph 1 of Article 495); indeed, the new penal code has adopted guilt basis.

Supervision of Public company is accepted in most legal systems. In the legal system of Iran, inspectors are liable for overseeing Public limited company and in other countries like UK; this is the auditorchr('39')s duty. Given the importance of the proper function of auditors and inspectors in protecting shareholderschr('39') rights, their liability has been considered in numerous rules and judgment.

For present study, the descriptive approach has been chosen.

Ethical Considerations: 

All ethical considerations as well as authenticity of the texts have been observed.

This article, which deals with comparative study of liability of inspectors and auditors in these two legal systems, first, it described the duties of the "inspector" of the Public limited company in the Iranian legal system along with the legal duties of the auditor in the UK. The findings of this research indicate that failure to process accounts, failure to declare violations or offenses and disclose company trade secrets are the most important examples of behaviors that lead to the emergence of liability of the companychr('39')s inspectors and auditors.

In UK, based on statutes and case laws, the responsibility of auditors was acknowledged toward legal person of the company, the third parties as well as shareholders. In Iranian law, the most important related legal reference named Commercial Law Bill (1968) has limited inspectors responsibilities only toward  legal person of the company, the third parties but shareholders should also be added.

Sometimes, there is a lawsuit against the martial arts champion to claim bodily harm inflicted by them.  This injury can be inflicted in the clubs against the training opponent, or in the streets, to attack or defend against an invader as well as in official matches. The main question is civil liability of warriors for harm done to another.

This is a descriptive Study.

Ethical Considerations:

 All ethical considerations as well as authenticity of the texts have been observed.

In countries like the United States, there are many cases in the courts about Struggles leading to injury during sports. In Iranian courts, despite the consent of the participant in the competition or club exercises, this defense sometimes is not accepted and then coaches or warriors are liable to compensate. The present article examines the civil consequences of non – vital hand and foot blows in the streets or at the club during training with competition. It further suggests full insurance coverage of clubs and competitions.

If an athlete inflict a harm to others during the game, if it is unintentional, it does not results in responsibility; but if he intentionally inflict harms to others, according to article 32 of the Civil Liability Act, he will be responsible for compensation .

Nowadays, by the increasing positive impact of personality characteristics of celebrities on the attractiveness of goods and services, celebrities found the value of their economic image in commercial advertising, which made the sponsors more willing to conclude license contracts with them. In this area, celebrities’ rights are called “image rights”. The exploitation of celebrities’ image rights is logically in return for payment of costs under contract; however, there is possibility of unauthorized exploitation that cause celebrity to sustain loss and affect her/his economic interests. In some western countries, new institution called “Publicity Rights” has been recognized or the tools of intellectual Property Rights and Civil Liability have been used to protect image rights. In the Iranian legal system, due to insufficient coverage of Intellectual Property Law to this issue, this issue is vague and this may lead to injustice for celebrities. Because the unauthorized use of image rights of celebrities cause them financial and moral loss, which the belief to lack of prevention or lack of relief, is contrary to the general principles of law and morality. Thus, because of the lack of specific protection, to compensate their loss, celebrities can invoke to civil liability and tort law.

Legal systems around the world have adopted different approaches to protecting the privacy and integrity of citizens. However, protecting these values at times runs into conflict with principles such as freedom of speech and access to information. Moreover, the rise of social media platforms has intensified this conflict. In the U.S., the recognition of "public figure" and “actual malice” standard in defamation and privacy lawsuits has been a critical move in balancing the different values at stake. This Article studies the role of public figure standard in the U.S. defamation and privacy laws. It proposes that recognizing the differences between public figures and private persons in Iran’s tort law system can also help balance the various interests of the Iranian society and reduce the floodgate of defamation lawsuits. This approach will not undermine the right of private individuals who need the legal system’s guaranteed protection of their reputation and privacy.

Civil liability law is subject to fluid and fragile rules due to its customary nature. One of the issues that has been changing and changing over time in legal systems is "civil liability of the Indiscerning person". The famous opinion of jurists and lawyers in the law of civil liability, regarding the civil responsibility of the Indiscerning person, is that according to the nature of responsibility, except for the declaratory law-non charging Legal law, the general conditions of duty, such as qualification, puberty, reason, discernment And intention is not a condition for its fulfillment; therefore, the Indiscerning person is responsible in all cases and against his losses, and his lack of adulthood, maturity, reason, purity and intent is not an obstacle to his civil responsibility. Therefore, the inadvertent person is responsible for all damages and incidents, and lack of qualification, puberty, reason, discernment and intention is not an obstacle to his civil responsibility. The application of the rules of destruction and indirect causation and Articles 328 & 1216 Civil code, The documentary is the argument of this comment. In this paper, a new theory, based on the lack of responsibility of the Indiscerning person in some of its examples, is a well-known opinion, critique, and appropriation with a new argument based on the lack of Intent to commit and causation. In this regard, the authors have given the legislator a number of suggestions and recommendations that by law, while respecting the principles of justice, it will be justice and fairness.

Medical team of concise cause is among the most difficult issues of jurisprudence. Legal causation relationship is of high significance and there is no clear and certain answer according to that in law systems. In Iran law, there is a special attention towards scientific regulations of choice, paying to treasure, drawing rule, justice and fair rule and liability distribution and in England law, there is attention towards some theories like the rule of all or nothing and financial cooperation, damage and harm risk, simultaneous causation and extensive corporate responsibility. Concise cause in England law is of relative liability and proving the subject is of high significance. The governor proceeds to develop rules according to intrinsic and transverse regulations of law using Islamic law so that the task of courts is defined.

Regarding the historical process of defamation in common law system, we find that this concept, despite of maintaining its traditional status as a crime, has also penetrated into civil rights and is known as a tort currently, and seeks to create a balance between the right of Freedom of expression and protection of right to privacy. A tension that has become a major controversy in democratic societies. In the common law system, pseudo-crime of defamation, which reflects the protection of the reputation of individuals, due to its non-overlapping with other civil crimes is considered as an independent pseudo-crime and in legal system of Iran and has been legistated in a wide range of fields. However, the main issue of this study is that the civil liability of defamation with such a wide range  meaning is also acceptable? In this regard, we have decided to conducta comparative study and emphasizing on the legal and practical approaches in countries following common law legal system to review the legal capacities available to explain the concept of defamation, as well as the conditions for recognition of civil liability arising from it. Although some justifications can be found in accordance with the general rules of civil liability and concepts such as intellectual property,but the lack of distinct laws and integrated jurisprudence in this regard will undermine the scope of its admission.