جستجوی مقالات مرتبط با کلیدواژه "preventive civil liability" در نشریات گروه "فقه و حقوق"

Nowadays, due to social developments and the changing face of human civilization, a special place is given to civil responsibility. "The principle of not harming others and the need to compensate for unjustified harm, which is one of the three principles of ethics and rights, has doubled the importance of civil responsibility. Providing the best and most efficient way to compensate the victims and reduce their number and intensity and reduce social costs is the least that preventive civil responsibility can do. The concept of preventive civil responsibility has emerged with an economic analysis of responsibility. Preventive civil responsibility of the government in administrative actions is also one of the basic issues that can be proposed considering the scope of the government's activities in matters such as the environment, transgenic products, etc. Therefore, in this article, by using the analytical and descriptive method and taking into account the principle of personal responsibility and the need for accuracy in interpretation and analysis, the special conditions and rulings governing this responsibility in Iranian law in a comparative manner with England will be criticized and examined. The results show that despite the similarities in the laws of these two countries, there are also certain differences in terms of function and implementation in this field.

In Iranian law, civil liability is often defined as the duty of the importer of damage compensation and its preventive function is on the sidelines, while foresighting and preventing more economic, ethical and human damages. Is more. Moreover, civil liability does not only involve the assignee of the loss-maker, but also the loss-maker must strive to prevent and intensify the loss. Therefore, the rules of preventive liability require that in some cases the liability for damages resulting from the abandonment of pre-emptive action be inflicted upon itself. Accordingly, the question to be addressed in this article is what are the rules and institutions and mechanisms and safeguards in Iran's law on preventing harm, preventing it from continuing, and preventing it from continuing. What are the shortcomings of this field? " attachment of relief ", " provisional injunction ", " attachment of frivolous claim ", " attachment of Foreigners Claim", " attachment of execution in judgment by default ", " attachment of execution or Stopping Enforcement requesting for re-trial, third person objection, last resorte " And "stoppage of official document" and triple claims of Possessor Action, Action for Disturbance of Possession, Action for Right of Exploitation, the existence of various obligations for municipalities and government agencies to prevent harm caused by human agents, the vice-president of insurance systems, and social security. Ziandideh to refer to the importer of damages and to use the guarantees of law enforcement and criminal liability in the inefficiency of civil liability rules,