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

Theorizing in law has been necessary, customary and useful. Civil liability, which is considered to include errors, is also one of the legal institutions that needs to be theorized from the beginning and especially now. The answer to the question whether all forms of civil liability in Iranian law and Islamic jurisprudence have common elements or not? It can remove the veil from an innovative theory about civil responsibility in Iranian law and Islamic jurisprudence and reduce its theoretical and practical knots, especially in the field of education, as well as its distance from the civil responsibility laws of other countries. The present article has come up with a descriptive and analytical method as an answer to the aforementioned question and with new descriptions and analyzes of the three pillars of civil responsibility in a special sense, i.e. waste and attribution, it has been found and proven to exist in other types of responsibility as well, so that in the light of it , the conflict between the theory of unity and the plurality of civil responsibility should be reduced in favor of the theory of unity.

The issue of civil responsibility of the Damage agents includes the disruption of social order, the violation of civil rights, and the loss of life and money to the firemen and the public. Therefore, the realization of the civil liability of the perpetrators of the accident depends on the verification of its  such as the occurrence of damage, the harmful act and the causal relationship between the two. Without fulfilling each of the aforementioned elements, responsibility cannot be imposed on them. In the event that it is not known which one of the perpetrators of the damage directly caused the damage to the fireman, due to the lack of verification of causation, the said officer will be deprived of receiving the damage. Based on this, the following article examines the general cause around the abstract science between Iranian and American laws with a descriptive-analytical method. With the analyzes in Iranian law, they set the rule of harmlessness and restorative justice in American law, so that the firemen claim their damages from the cause of the loss. Also, regarding the way of distribution and division of the responsibility of the Damage agents, the obtained results indicate that the responsibility in Iran's law is accepted equally, and in American law, the theory of impact is the criterion. With the result obtained, it can be stated that the theory is subject to justice and logic according to the principle of personal responsibility.

With the deployment of automated systems and artificial intelligence technology growing in the auto sector, the shift from a human driving vehicle to an autonomous vehicle (AV) may pose challenges and questions for politicians, legislators, lawyers, industries, and even consumers. One of the challenges is where a practitioner or consumer of an AV confronts legislation. An accident that involves an AV would raise issues for which laws have not been adjusted. The requisite foundation of liability is the issue that this research pursues to discover. This research explores the newest efforts in the forerunner countries compared with Iranian laws to illuminate uncertainties such as who should be liable, if and to what extent manufacturers are liable, and how a proper liability regime should be designed. While the operator liability seems to be efficient for the first three levels of autonomy, in the last three levels where the operator is not as engaged as before, the product liability may provide a defendable foundation of liability. However, with the defective tests currently in use, it seems more justifiable to hold manufacturers strictly liable. This article provides legal literature and asks precise questions for future works to ultimately establish a liability foundation for automated technologies. Document Type: Research Paper.

Within the framework of the theory of liability based on fault, elements such as as harmful acts and damage take priority. Court judges to obtain damages are inevitable, independently and separately, to examining and verifying each of these components; Somehow that the deficiency in each of them leads to a refusal to take civil responsibility. From the perspective of public Law, the paper Understanding such a concern, from a pathological point of view is seeking legal analysis on How to prove the civil liability of the administration. Therefore, the topic by using descriptive-analytic research method is discussed and concluded: though it is corrected the note 1 of the article 10 of the Act on the Establishment and Procedure of the Administrative Justice Court and apparently, the legislator sought to refer the matter to the courts of judiciary; But it must be said, firstly the Administrative Justice Court has the jurisdiction to deal with two pillars: “the harmful act” and the fault”, still within the framework of the "theory of liability based on fault". Secondly, arguments related to: "non-legal" and "non-contradiction" on Administrative Justice court is a serious objection. Thus, It is appropriate that “the civil liability of the administration” be within the jurisdiction of “the Administrative Justice Court”.

The law of civil liabilities considers a wrong actionable at the suit of the party injured. It would be beneficial if one briefly examines the law of torts of another country in order to know how the other Legal systems (e.g. English) work. Where a claim is in tort, the parties are usually complete strangers to each other, so we might be one of the parties to that accident. Each system of law has its own method of dealing with the rights and duties of the parties. Tortuous liabilities arise from the breach of a duty primarily fixed by the applicable law, and are reversible by an action for an antiquated sum.This article will help us to have some information as to the rules and regulations of the English legal system about civil liabilities, which is certainly useful for the Iranian lawyers; this would be the case especially when this system of law is applicable.