جستجوی مقالات مرتبط با کلیدواژه "iran legal system" در نشریات گروه "فقه و حقوق"

According to thin skull rule in common law accused must take his victim as he finds him. This accepted by Iran and common law legal system with respect to child, old and who suffers from physical and mental disorder so that their weakness is considered in the imputation of bodily harms to accused. It means that accused must consider his victim’s voluntarily and involuntarily reaction. This rule is accepted just about by two law systems in the scope of automatic physical act and psychological reactions of victim and even on the ground of necessity or duress. But in the case of the victim’s unreasonable voluntarily reactions resulted from his or her belief, the rule has been accepted in Blaue1975, nevertheless it was subsequently interpreted differently by lawyers. In Iran law according to Islamic jurisprudence and positive law the imputation of the result to the accused in this situation is doubtful and can not be accepted.

In different legal systems, nominal, punitive and compensatory damages have been identified according to the principles of civil liability. In reviewing the Iranian legal system, it is clear that the most attention has been paid to compensatory damages, i.e. compensation for damages and restoration of the former situation. As such, it has been dealt with reluctantly and limitedly in its acceptance of immaterial damages as a form of punitive damages, and the way and means of determining it has not been anticipated. Whereas one of the most important types of damages resulting from physical injury is immaterial damages, including pain and suffering, which itself can be divided into different branches. In fact, the term suffering is used not only for physical pain but also for a range of intangible injuries such as fear, anxiety, sadness, and disrespect. In American law, the scope of payment for pain and suffering is varied, and most of these cases have been considered but there is no consistency in the assessment method, and It has used various methods such as determining the lump sum, determining the cap or ceiling on the amounts awarded, per diem calculations etc., and in most cases, the severity of the damage is one of the main components and the method of compensation is financially provided. Regarding the acceptance of immaterial damages in Iran legal system, research has been done in this field, but in particular, the damage of pain and suffering has not been addressed. This article examines the US legal system and its calculation methods to obtain and predict the legal tools for removing this gap in the Iran legal system.

It is said that the externality is the consequence of an action being taken on others in the form of profit or expense without being calculated at the market price of the commodity and it is usually unintentional and unelected.In this article with descriptive–analytical method it has been answered: what is the pattern of Iran legal system related to the environment to compare with the externality? It has been more emphasis on “licenses” or “punishment” pattern? The research findings are first; The primary focus of the Iranian legislative system is on the "punitive model" and the pattern of permissions is not institutionalized Therefore, the recent pattern faces many obstacles. This pursuit viewpoint is incompatible even with the main objectives of the judiciary (sections 2 and 5 of article 156 of constitution). Second; it not used the balanced the all of the tools in the use of tools compare with the externality but some of tools, in particular market-oriented tools, has a very low position. Thirdly; however, "Eco-friendly" tools are listed in some legal documents, but in some documents, the principles of environmental friendliness have been marginalized and as a result, green taxes have not been well-positioned in our legislation.