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

The principle of "the effect of privity of contract " or the principle of "privity of contracts " is a well-known principle in the law of obligations, which is recognized as the principle in all Legal systems. Based on this principle, the obligations of the contract are liabilities of the parties of the contract, and the benefits belong to the parties, and it does not create obligations for third parties as third parties cannot expect profit from the contract. But the principle of the privity of fault in terms of the possibility of a third party citing the violation of the contractual obligation seems to be against the principle of privity of contracts, and this question can be raised If in a contract, obligations are violated and damage is caused to a third party or parties, can this violation of the contract by the parties of the contract be cited as a fault? In French law, the discussion of the privity of contractual fault is raised, and in English law, the examination of some opinions shows the tendency of this legal system to raise this issue, which is raised in this article with a comparative study of Iranian law. It seems that contractual fault has a relative concept and despite the principle of privity of contract, there is an advantage for the third party to rely on breach of contractual obligation to claim damages.

Due to the relation between arbitration and adjudication, arbitrator’s actions could cause responsibility for them because it may exceed the limits of law and justice. In American law, on the base of equity, if the arbitrator’s acts blemish the path of fair result, regardless of the provisions in law and precedent, in addition to incurring him responsibility it may cause his award to be annulled. Also in Chinese law, as it will come later, the arbitrator and his judgment can face the same fate. However, it seems in Iran according to article 489 of civil procedure law and principle of finality of the arbitrator’s award, we should limit ourselves to the provisions of law and the timeline that it entails. But this apparent argument is against the principle of fair trial, because firstly it’s not right to dismiss the actions of a responsible arbitrator (either disciplinary, criminal or civil responsibility) that can cause uncertainty to fairness of his award and second, it’s possible e.g., receiving a bribe by him get stablished years later and it’s not just to stick to the provisions of article 489 and its timelines and declare his award correct. So, in this article, comparatively, we are trying to analyze the American and Chinese approach to this matter so in this way with comparing and assessment of existing legal capacities in Iran, we could find a resolution for this legal gap and present an alternative. This will be done in a descriptive and analytical method.

The appearance and aesthetic aspects of the products can be protected as an industrial design under design law. In addition to the positive substantive requirements for protecting industrial designs, such as novelty, originality and individual character, another requirement is also provided under the title of "Non-functionality", which is described as a negative requirement in different legal systems. According to this requirement, a design that is solely dictated by functional aspects of the products and is made to solve a technical and functional problem of the products cannot be protected as an industrial design. Considering the lack of adequate research in this field on one side, and lack of clear law provisions in Iranian Law Design on another side, this article aims to answer the following questions through a comparative study in pioneer legal systems: why is the functional industrial design not to be protected? And how is the functional industrial design to be identified? And at the end, although this requirement is justified on the bases of different criteria such as the alternative solutions and causative approach the authors propuses that the main basis of this requirement is the separation of the industrial design system from the patent system, after which efficient competition is also maintained, On the other hand.

Many contractual and administrative services of carriers, especially in the field of sea transportation, are provided by their commercial representatives, so that in most cases, traders, especially shippers, only deal with the representative and basically do not communicate with the carrier or the ship owner. This issue is especially prominent when the shipping operation is carried out by a foreign shipping company. However, after damage to the cargo or violation of the carrier's obligations for any reason, the commercial representative benefits from the immunity resulting from the "principle of non-responsibility of the representative for original actions" and in this regard, the Supreme Court of the Supreme Court has considered the case of the sender against the commercial representative of the carrier to be inadmissible in the unanimous ruling No. 29 dated 10/7/1363.This is despite the fact that the said decision was issued by some business representatives regardless of their role as a contract holder, and on the other hand, in the case of foreign transport operators, it obliges traders to refer to foreign transport companies that do not have any property or assets in Iran, and in this way, many maritime losses of traders remain uncompensated.

Devices in the course of the evolution of science and technology continue to grow and develop for greater efficiency as well as being placed on smaller scales. The increasement use of microchips in the fields of medicine, services and etc. has caused a lot of concerns about the legal regulations of society and human about managing and control over this new technology, including license and legal effects of this technology. The use of this technology, especially its implantation in the human body for therapeutic purposes, from a jurisprudential and legal point of view, leads to consequences and liabilities for the person receiving the microchip, the physician and the factors that create or guide it. Microchips implantation in human and animal bodies is done for different purposes, but the invasion of human body is basically forbidden and illegitimate and the use of this technology and its disorders in legitimate cases may also cause injuries and damages to the receiver and others. Therefore, this article is a descriptive and analytical research method to describe this achievement and especially the civil liability caused by physical, mental and financial damages of its use and analyzes various assumptions of how to create legal liability.

Tortious Liability has consequences that due to various reasons cannot be fully compensated in certain cases. Therefore, preventing this type of responsibility is the best way to deal with the damages caused by it. Although based on Iranian legal sources, it can be concluded that the prevention of non-contractual liability is a general duty, this has not been formulated as an independent theory so far, and this gap may have inappropriate effects. The purpose of this research is to study the possibility of providing "the theory of prevention of non-contractual liability based on jurisprudential and legal sources" as an independent theory in Iranian law. According to the results obtained, it is possible to identify this rule in Iranian law, and based on the available sources, by providing the theory of prevention of non-contractual liability, individuals can be required to take measures to prevent such liability. This prevention can be presented in two ways: that which concerns prevention of damage by the person who is doing the preventing and that which is related to compliance with regulations to prevent damage by others.Overall, it can be stated that Despite the fact that the prevention of civil liability has not been identified in Iranian law, this rule can be deduced from some jurisprudential provisions and sources, and there are useful bases and sources that can be relied on to identify this rule and appropriate regulations in the field of prevention. Imposed civil liability. The existing codified laws have distanced themselves from the institution of prevention by limiting themselves to the existing regulations and relying on traditional and unhelpful intimidation in the necessity of compensation. Although this issue is useful in compensating for past losses, it does not explain the main function of the government and individuals, which is to prevent losses and damages. The legal vacuum in the issue of prevention and the possibility of evading responsibility in the assumption of creation with new tools (insurance), liens and other cases that lead to non-compensation of damages (lack of proper judicial system, delay of proceedings, etc.) reduces the intimidation effect of compensation. Has been in some cases, losses occur and insurance companies pay, and as a result, even though the cause of loss, who must compensate for the loss, does not incur losses, the intimidation intended by the legislator is not created. In some cases, damages may remain uncompensated. Based on the results of this research, prevention is the best tool to support people in non-contractual liability. If this goal is achieved, the society will be healthier and people will be safer in their activities. Life is more secure and social rights are supported. As a result, legal problems will be reduced and referrals to courts will be reduced.

Contracts are very important tools for regulating business relationships and reducing the risks associated with it. Due to the importance of contracts, it is necessary to be careful in setting them up and consider the key terms and conditions to protect your interests. The purpose of this article is the terms effective on risk management in contracts.
This article is descriptive and analytical. The materials and data are also qualitative and Materials and data are non-qualitative.  data collection has been used in the collection of materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
The condition of obligation to compensate contractual damages, the condition of exemption from liability and the condition of force majeure, the change of circumstances and the condition of contract adjustment, the condition of paying the price in currency or gold, the condition of the governing law and the condition of insurance are among the most important conditions affecting risk management in contracts. Contractual allocation of risk based on the principle of contractual freedom and considering the preferences and limitations of the parties in maximizing contractual returns is considered the most effective and efficient method of allocation.
Since the source of risk is a set of certain events or conditions that alone or in combination with other elements cause uncertainty or risk and as a result, effects are actualized that lead to unexpected deviations in the goals of the contract, including profit. or losses, therefore, effective terms on risk management in contracts can lead to risk reduction and help the stability and continuity of contracts.

With the tremendous developments in space technologies in recent years, artificial intelligence is used instead of humans in decision-making. Artificial intelligence (AI) by the ability to think logically, manage its actions and correct its decisions when external conditions change without human interference. New intelligent and autonomous space technologies are being developed for various space activities. It uses for different applications such as processing of space data and information, debris removal, and exploration and extraction of natural resources in outer space. However, regulating the activities of space-faring and especially private actors in the use of AI in space technology and dispute settlement between the states have become one of new issues in international space law. Since the state's responsibility in space law is explained based on human behaviour, the issue arises that the existing international space regulations related to the state's responsibility to regulate space activities and their liability that is based on human behaviour can still be applied to the use of the new technologies or we need the new legal measures in international space law. It seems that with the extensive interpretation of Articles 6 and 7 of the Outer Space Treaty regarding state responsibility and liability, these provisions can still be considered applicable. Nevertheless, the new international space regulations can be an essential step in better determining and recognizing the state responsibility and liability of space actors that use space technologies that use AI.

There are disagreements about the issue of the “liability of human lost interests” in Imamiyyah jurisprudence, despite the consensus of the majority of jurists on the principle of the necessity of compensating for unjust losses and its reasonableness, which can be rooted in the difference between the approach of jurists in the jurisprudential principles of “liability”. Therefore, one of the remarkable jurisprudential proofs (evidence) of the necessity of compensation (liability) is the rule of “prohibition of detriment (Arabic: لا ضرر, principle of harm)”, which has been accepted by a number of jurists, especially a group of Imami jurists. The question of this research is whether it is possible to consider “the necessity of compensating for the loss caused by the lost interests of human” within the rule of the “prohibition of detriment” and the jurisprudential views about it? There are two different jurisprudential views in this regard based on the findings of this study, which have been accomplished in descriptive-analytical method and by referring to reliable sources of jurisprudence. The authors, by defending the view of expanding the rule of “prohibition of detriment” and the evidence of reason, has proved the jurisprudential view that believes in the “liability of human lost interests”.

Insurance is one of the most effective factors in the economy of any country, especially in the world economy level, which in addition to financing commercial companies, provides them with economic security through the provision of insurance services that cause greater mobility and dynamism in international markets and can be He called it one of the indicators of the development of any country in the world markets, Accounting to the purpose of the research, the method used is description_documents whose information is collected through a library.The finding of this research show that 1) in addition to paying damages, the most important role that insurance can play in international trade.The increase of national capital is the countries that use this type of industry 2)The liability of the insurer will pay up to the amount of its commitment and the excess will remain the responsibility of the policyholder,3) Iran's law and judicial procedure regarding criminal offenses, insurance is based on the punishment of imprisonment and its alternative.

When the consumer buys a new car but encounters a defect in it, he will have the right to refer to the manufacturer. According to the law for the protection of car consumers' rights, approved in 2007, the guarantee for the implementation of a car defect will be: the right to repair and then the right to exchange or refund the price. But in the civil law, in relation to the general seller, only the right of exchange and then the right of termination is mentioned. The Consumer Protection Law divides defects into three categories: manufacturing defects, design defects, and warning defects. Does this performance guarantee apply to all three categories of vehicle defects, including design defects, production defects and warning defects? Can the buyer seek a performance guarantee without requesting a repair? Replacement warranty does not apply to vehicle design defects and repair warranty does not apply to design defects in some cases. The buyer is obliged to request a repair first, and if the repair is not successful or it is not possible, he will go to the guarantee of other performances. The guarantee of price rejection, due to market fluctuations, alone, cannot compensate the losses incurred by the buyer. It is not possible to request repairs or terminate them under civil law. Contrary to the research that has been done so far and has discussed the performance guarantee in general and in all goods, in this article, in a more specialized and detailed way, the performance guarantee only in the car will be examined. Also, one of the novelty points of this research is the simultaneous review of the guarantees of the performances in the civil law and the law of protection of car consumers' rights.

In Iranian legal system, several acts have been enacted on the liability of foreign state for violating international law. Some of these acts have been enacted in order to protect the rights of the Iranian people and diplomatic support, and others in order to make counter measure against violation of immunity from jurisdiction and enforcement ‎by a foreign state, as well as to determine the competent court to file lawsuits and similar issues. In this study, Iran's legislative performance in the mentioned issues with an analytical approach, in order to identify Iran's legal capacity regarding the responsibility of the foreign state is examined and then the gaps in the mentioned laws are discussed. A study of the various acts in this field shows that these acts are often written without proper notice to sufficient accuracy, expert opinions and principles of legislation. Therefore, it is needed to consolidate these acts, which mainly have the same subjects, into a coherent act with sufficient scrutiny in writing articles, considering international law, and without mere quick reactionary approach to foreign state’s measures.

Although the principle necessarily is that the legal subjects´ assets to be protected; but today, we see that due to different reasons some gap intervenes between an owner and their assets. Examples for this issue are usurpation and also delivery by an invalid contract. There is no doubt about the requirement of recovering or substituting a property usurped or delivered by an invalid contract. Also, there is little doubt about the guarantee for the received benefits. But, regarding the fact that whether it is feasible for the unused benefits to be realized or not, we see a diversity of comments, i.e., we see that the law falls silent about these issues, and there is a diversity of jurisprudential rules along with lack of comprehensiveness of subjects, therefore, the necessity of the present research becomes justified. Thus, by descriptive-analytical methods, the present research tried to review and analyze the jurisprudents´ and lawyers´ positions regarding realization of unused benefits claims in an invalid contract. The results showed that the issue in Islamic jurisprudence has been a disputed issue since the past, although, by adducing evidences such as the rule of presumption of possession, consensus, and rule of equality of rules received for an invalid contract with usurped institution, accepting the rule of liability for unused benefits in an invalid contract seems to be reasonable; moreover, from the legal perspective, although civil code provides no expressed rule on unused benefits in invalid contracts, by correct interpretation of the available rules, it can be ruled for liability for unused benefits.

Teachership studies and its localization and Islamization are necessary, and on the other hand, pedagogical jurisprudence as a new approach in education research is constantly being produced and developed. The present article tries to focus on one of the branches of pedagogical jurisprudence and discuss the capacity and background of Islamic jurisprudence for the design and establishment of teachership jurisprudence. The present article relying on descriptive and analytical method aims to address the question as to what issues of teachership have been discussed in the jurisprudential tradition and legacy left by early Muslim scholars. After the investigations, it was concluded that topics such as the rule regarding teaching sciences, the Islamic law about hiring someone for teaching, the teacher's liability, and the rules concerning certain teaching methods have been raised in jurisprudence. However, these topics have not been expanded quantitatively and qualitatively when they have been touched upon in chapters, such as rent, Juʿāla, compromise, endowment, zakāt, etc. and it is necessary to try to create and develop "teachership jurisprudence" in addition to identifying the type of issues and designing a system to deal with those issues.

The municipality, as a prominent item of the public law legal person, sometimes on one hand violated the provisions of urban planning by granting licenses, has caused high buildings and stabilization of air pollution. On the other hand, as one of the institutions that is obliged to prevent air pollution, with Failure to perform its legal duties will cause and intensify air pollution. Air pollution is one of the main causes of physical injuries (crimes(. The position of the municipality as a responsible and punishable perpetrator of air pollution crimes depends on establishing a longitudinal link between the conduct of the crime, criminal liability, and ultimately suffer the criminal sanction. The municipality, both as a representative and as an activity, shows its behavior in its act and omission form in the perpetration and causation figure in creating air pollution and for this reason, there is no difference between the behavior of a municipality as a legal entity and the behavior of a natural person.However, knowing the municipality as a criminal responsible has two conditions: First, establishing a citation relationship between crime and air pol

The civil liability of the government and its employees is a relatively new idea that has created a variety of topics. Considering the importance of the position of judgment and its impact on the interests of individuals, judge error can be one of the most important instances of error of government employee.

It is descriptive study.
Ethical Considerations: All ethical considerations have been observed.

The judge's mistake can be divided for a variety of reasons, and its origin can also be the judge's ignorance or his misinterpretation of legal texts.

In any case where a person is forced to compensate for other compensation, he or she has civil liability. Therefore, these interpretations can also be attributed to the judge's performance and the works that follow his judgment. The damages caused to individuals by the judge's ruling are an example of the judge's mistake. If the damages are not due to the judge's mistake and are related to the court's instruments, the government is responsible for the compensation.

A review of various legal rules comprising the law of obligations in the Iranian legal system demonstrates that this system recognizes a special type of obligations with the unusual property that its burden is neither on one specific person (individual responsibility), nor on several persons simultaneously (joint responsibility), but, in two or more subsequent stages, along a specified priority, on different persons, so that in each stage, the creditor's claim is due to be paid from a different person’s property. The creditor could pass to the next stage only when in the previous, there has been found no, or insufficient, assets. The obligations of involved persons, in other words, cover each other alternatively. The type of obligation thus described has not been viewed as a genuine, independent one in the Iranian legal system so far. Rather, it is considered as a special and exceptional phenomenon, or even as an irregularity. Therefore, the instances fitting in this type have not been collected and studied together, its constituting elements have not been specifically studied, and the rules governing it have not been formulated. This article is intended to study this type of responsibility as a genuine and independent type among obligations and to examine its instances, elements and the rules governing it.The method of this research is descriptive and analytical. Accordingly, in the beginning, the article will descriptively review various laws that contain, or constitute an application of, the sequential responsibility, either explicitly or implicitly. Then, in the analytical phase, an attempt will be made to derive the general principles, elements and rules governing the provisions embodied in that particular body of law. In this way, the most important interpretive instrument will be the  induction from various legal provisions. The library research method will also be employed.The hypothesis of this research is that the sequential responsibility is not exceptional or irregular, but a genuine, purposeful and regular type which the legislator is able to use when necessary. It is a combination of the individual and the joint responsibility, aiming to support both the debtor and the creditor at the same time. Also, it can be conceived as a form of insurance for a number of obligations, each backed by the obligation(s) of the next stage. Therefore, by coherent explanation and analysis of the rules governing this type of responsibility, the scope of its appropriate application can be suggested to the legislator and to the legal doctrine.The principal questions of this research are: 1. what are the examples of sequential responsibility in the Iranian laws? 2. What are the structural characteristics and the elements of this type and its differences with other types of responsibility? 3. What general rules governing this type could be induced and to what issues could they be applied? On the other hand, the following hypotheses will be suggested: 1. The hierarchy between the liabilities of different persons for paying alimony to relatives, as well as the sequence in paying the blood money between a) Aqila (paternal relative of the felon), b) the felon, and c) the public treasury are prime examples of this type of responsibility. Also, the sequence between a) minor's liability and b) its culpable guardian's liability, and in some cases, the liabilities of a) the company director and shareholders/members, and b) the company/legal entity should be considered as examples of this type of liability; 2. The elements of this type of responsibility are: sequentiality, single debt, and multiple properties. 3. There are general rules governing matters such as: the aim of responsibility, the relationship between liable persons, and the scope of responsibility.This article has depicted as a regular category a group of obligations that have always been viewed as sporadic or exceptional cases. The article will present them as an independent, original institution in the Iranian law, with the proposed name "sequential liability". Various instances of this type of liability will be traced through different laws and put together as a coherent category. These include: sequential liability between the invalid (the insane and the minors) and their culpable guardian (Article 7 of the Civil Liability Act), sequential responsibility between different persons for paying alimony to their relatives (Articles 1198 et seq. of the Civil Code), sequential responsibility between the director of a legal entity and the entity itself to compensate for damages caused by a crime (Article 28 of the Protection of Authors, Writers and Artists Act, legislated in 1970), sequential liability between limited liability and general partnership companies and their partners/shareholders (Articles 126, 186 and 187 of the Commercial Code), sequential liability between the company and its culpable director against third parties (Article 143 of the Amendment to the Commercial Code), and sequential responsibility between the Aqila (paternal relative of the felon),the felon, and the public treasury, to pay blood money (Articles 470, 435, 471, 474 and 475 of the Islamic Penal Code). Instead of focusing on divergences, the article will explore similarities and common elements in various cases, as is necessary in any scientific research. Common elements are: a) sequentiality, which means the sequential relation between a number of obligations based on a specified priority; b) multiple properties, meaning that sequential responsibility shifts, at each level, from one liable person’s property, to the property of the person in the next rank; c) one debt, meaning that the content of obligation is the same for all sequential ranks, bearing same qualitative and quantitative characteristics. Finally, by induction from various bodies of law, and by taking into account the purpose and the rationale behind this type of responsibility, the general rules governing it, which are applicable in similar cases or when no specific rule can be found in the texts, will be formulated as follows: first, the aim of sequential liability is to support both the creditor and the debtor, in that the creditor will have access to multiple properties to collect the debt, and the debtor will not be forced to face hardship by fulfilling the debt. Thus, this is a genuine category of responsibilities, along with the individual and the joint responsibility; second, as to the relationship between sequential debtors, since each of them is paying his own debt, he cannot, in principle, claim against those in the previous or the next rank to refund what he has paid, such as is the case for the one who pays the relative’s alimony; third, the scope of sequential responsibility, in accordance with its rationale and its premises, is that each debtor in any rank is responsible for all of the debt, and only the portion he failed to pay will be transferred to the next rank. As for the case where several debtors are in the same rank, the rule is that each will have to pay an equal share of the debt.

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.

As a general rule, the tenant is not liable for any loss or defect in the lease unless there is a breach. Rented? Explaining the situation of such a condition, considering the importance and application of this contract in custom and trust, is considered a lease contract in social relations is very necessary and essential. Some have considered the mentioned condition invalid and invalid due to its opposition to the requirements of the nature of the lease contract, and some have considered it invalid but invalid due to their opposition to the Shari'a and legal norms. It seems that the main essence of the lease agreement is the possession of the leased interest, however, being a guarantor of the tenant is not against the requirements of the lease. However, since the lease agreement is considered as an explicit provision of Articles 493 and 614 of the Civil Code, its validity may be questioned due to the imbalance between the rights and obligations of the parties under the said condition.

In today's world, e-commerce accounts for a significant volume of commercial transactions, and the electronic transfer of funds plays a key role in its implementation. Regardless of the trading features of electronic funds transaction, as a method of payment that has direct effects on the policy and monetary system of countries, this type of transaction also overshadows consumer rights. Therefore, this article was conducted to investigate the legal effects of electronic funds transfer in relation to financial institutions and descriptive-analytical method. Studies have shown that, in Iranian law, a comprehensive law to clarify the legal rules governing transactions has not been adopted, and the only regulations adopted in this regard are the instructions approved by the Central Bank, the most important of which are the instructions. Issuance of payment order and transfer of funds approved in 1385 and regulations governing payment service providers approved in 1390. Article 4 of the Law on Interest-Free Banking, approved in 1983, obliges banks to repay the principal of customers' deposits, so the bank can not relieve itself of liability by invoking the infiltrating act. Regarding other damages to customers, according to paragraph c of Article 35 of the Monetary and Banking Law of the country, merely citing damages to banking operations, causes the bank to be liable.