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

The pursuit of justice is a fundamental endeavor in the realms of law and ethics, serving as a cornerstone for the creation and enforcement of legal framework that govern human societies. Throughout history, legal scholars and philosophers have grappled with the concept of justice, aiming to establish conditions that promote fairness and equity. The realization of justice often hinges on the formulation and application of effective laws, which are essential in guiding individuals towards achieving what they rightfully deserve. Among the various branches of civil law, tort law occupies a pivotal role in the quest for justice, as it addresses the legal consequences of wrongful acts and the remedies available to those who have suffered harm.
     In modern society, characterized by rapid industrialization and complex economic and social interactions, the likelihood of damages and harmful conduct has increased significantly. This has amplified the relevance of tort law, which now plays a critical role in ensuring justice and protecting the rights of individuals and society as a whole. As societies evolve, the need to reform and optimize tort law to better align with contemporary realities becomes increasingly apparent. This research focuses on one of the most significant aspects of tort law—the methods of compensation—and seeks to evaluate their efficiency through the lens of economic law.
     The study acknowledges that compensation for damages can be approached from different perspectives, notably the compensatory (remedial) and punitive approaches. The compensatory approach, widely adopted in various legal systems, aims to restore the victim to their original state by obliging the wrongdoer to provide monetary compensation equivalent to the damage caused. On the other hand, the punitive approach, particularly prevalent in common law jurisdictions, goes beyond mere compensation. It seeks to penalize the wrongdoer for egregious conduct and deter future misconduct by imposing financial penalties that exceed the compensatory amount. The coexistence of these two approaches raises fundamental questions about their alignment with the objectives of tort law and their effectiveness in achieving justice.

The central question of this research is: How do the objectives of tort law influence the choice and application of compensation methods? Specifically, this study seeks to explore whether the integration of punitive and deterrent measures within the compensation framework can be justified within the broader goals of tort law. The research also aims to address subsidiary questions, including:     In what contexts should the objectives of tort law, such as deterrence, retribution, or victim compensation, be prioritized when determining the appropriate method of compensation?
     Does the consideration of tortfeasor’s behavior and intent in determining the compensation method enhance or undermine the principles of tort law?
     Can an economically efficient compensation system be designed that balances the interests of the victim, the wrongdoer, and society at large, while also fulfilling the fundamental objectives of tort law?

The hypothesis of this research posits that the incorporation of punitive and deterrent measures into the compensation framework is not only a necessary evolution of tort law but also one that aligns with its core objectives. This hypothesis rests on the premise that tort law serves multiple purposes, including the restoration of the victim, the punishment of the wrongdoer, and the deterrence of future harmful conduct. Therefore, a compensation system that solely focuses on remedial measures may fall short of addressing the broader societal implications of wrongful acts.
     Moreover, the research hypothesizes from economic law perspective, an efficient compensation system should be designed to minimize the social costs associated with harmful conduct. This includes not only the direct costs borne by the victim but also the indirect costs to society, such as the potential for future harm if deterrent measures are not adequately enforced. The acceptance and application of punitive and deterrent methods, when appropriate, could thus enhance the efficiency and effectiveness of tort law in achieving its goals.

This research adopts a comparative legal analysis methodology, supplemented by an economic analysis of law framework, to examine the efficiency of compensation methods in tort law. The comparative approach involves analyzing and contrasting the compensation systems of different legal jurisdictions, particularly focusing on the dichotomy between compensatory and punitive approaches. This comparative analysis will be grounded in doctrinal legal research, drawing on primary legal sources, such as statutes, case law, and legal commentaries, from a range of jurisdictions.
     The economic analysis of law framework will be employed to assess the efficiency of these compensation methods. This involves applying principles of economic theory to evaluate how different compensation systems allocate resources, incentivize behavior, and impact overall social welfare. The framework will consider factors such as the deterrent effect of punitive damages, the economic impact on tortfeasors, and the cost-benefit analysis of various compensation methods.
     In addition to doctrinal and economic analysis, the research will engage with relevant legal theories concerning justice, fairness, and the objectives of tort law. This theoretical framework will provide a basis for understanding how different compensation methods align with or diverge from the principles of justice that underlie tort law.
     By integrating these methodologies, the research aims to develop a nuanced understanding of the efficiency and effectiveness of compensation methods in tort law. The findings will contribute to the ongoing debate on the optimal design of compensation systems, offering insights that could inform future legal reforms aimed at enhancing the justice-delivery function of tort law.

The results of this study underscore the complexity and multifaceted nature of compensation methods within tort law, especially when examined through the lens of economic analysis. It is proven that no single compensation method—whether compensatory, punitive, or benefit-oriented—sufficiently addresses the comprehensive objectives of tort law in isolation. These objectives include not only compensating victims and soothing their distress but also deterring wrongful behavior and maintaining social order.
     Compensatory Approach: The compensatory approach, which is predominant in many legal systems, including Iran’s, focuses primarily on making the victim whole by requiring the wrongdoer to pay an amount equivalent to the damage caused. This approach aligns well with the objective of compensating victims and ensuring that they are not left bearing the costs of harm inflicted upon them. However, the study found that this approach falls short in cases where mere compensation does not sufficiently deter the wrongdoer or others from engaging in similar harmful behavior in the future. Moreover, in situations involving intentional harm or gross negligence, compensatory damages alone do not reflect the severity of the wrongdoing, nor do they adequately address the need for social deterrence and order.
     Punitive Approach: The punitive approach, widely adopted in jurisdictions such as the United States and England, introduces additional financial penalties aimed at punishing the wrongdoer and deterring future misconduct. This method is particularly effective in cases where the harm was caused intentionally or through gross negligence, as it targets the underlying motives of profit or malice. However, the research highlighted that the punitive approach is not universally effective. In cases of non-intentional negligence or where the harm was not motivated by profit, punitive damages may lead to disproportionate outcomes, potentially imposing undue burdens on defendants who did not act with malice or gross recklessness. This could result in negative consequences, such as discouraging economic activity or creating inequities in the enforcement of tort law.
     Benefit-Oriented Approach: This approach, which considers the benefits accrued by the wrongdoer as a basis for determining compensation, was found to be insufficient in addressing the full spectrum of tort law’s objectives. While it may be effective in ensuring that wrongdoers do not profit from their harmful actions, it does not necessarily contribute to victim compensation or societal deterrence in a meaningful way. Additionally, the application of this approach may be limited in cases where the wrongdoer does not derive a direct economic benefit from their actions, leaving gaps in the legal response to harm.
     Mixed Approach: The study’s analysis supports the superiority of a mixed approach, which combines elements of compensatory, punitive, and benefit-oriented methods, tailored to the specific circumstances of each case. Legal systems that employ a mixed approach are better equipped to address the diverse types of harm and the varied intentions behind harmful actions. By considering the psychological and behavioral elements of the wrongdoer’s conduct, a mixed approach can more effectively achieve the goals of tort law, including deterrence, victim compensation, and social order. The economic analysis further suggests that this approach is more efficient in terms of social welfare, as it reduces the likelihood of future harm and encourages behavior that aligns with societal norms.
     Application in Islamic Law: The research also delves into the principles of Islamic law, which emphasize the prohibition of harm and the necessity of compensating for damages. These principles, derived from Quranic sources and the jurisprudential concepts like "Homat-e Akl-e Mal be Batel" (the prohibition of consuming wealth unlawfully) and "La Za'rar" (no harm and no reciprocal harm), align with the mixed approach. The study found that Islamic law supports the imposition of extra-compensatory damages in cases of intentional harm or gross negligence, thereby endorsing a method that integrates compensatory and punitive elements. Moreover, the concept of discretionary punishment as deemed appropriate by the ruler in Islamic law provides a legal basis for adopting a mixed approach in contemporary legal systems influenced by Islamic jurisprudence.

This research highlights the critical need to reevaluate and potentially reform the current compensation methods employed in tort law, particularly within systems that rely predominantly on a compensatory approach. The findings indicate that while the compensatory method effectively addresses the objective of victim compensation, it falls short in achieving broader goals such as deterrence and the maintenance of social order. Similarly, the punitive and benefit-oriented approaches, when applied in isolation, do not fully meet the comprehensive needs of tort law, particularly in addressing the varied motivations behind harmful actions.
     The adoption of a mixed approach, which integrates compensatory, punitive, and benefit-oriented methods, is recommended as the most effective way to realize the full spectrum of tort law’s objectives. This approach allows for a more nuanced application of legal principles, ensuring that the response to harm is proportionate to the severity of the wrongdoing and the context in which it occurred. Such an approach is not only aligned with the principles of economic analysis of law but also resonates with the foundational concepts of justice and equity in both Western and Islamic legal traditions.
     The study’s comparative analysis of different legal systems demonstrates that countries employing a mixed approach are better positioned to address the complex realities of modern tort law. These systems can more accurately reflect the psychological and behavioral elements of wrongful conduct, thereby enhancing the effectiveness of tort law in deterring harmful behavior, compensating victims, and preserving social order.
     As such, the research advocates for a revision of tort law regulations in jurisdictions that currently adhere to a single compensation approach. It suggests that new laws be drafted to incorporate a mixed approach, allowing for a more flexible and context-sensitive application of compensation methods. This would involve distinguishing between different types of negligence—intentional, gross, and non-intentional—and applying the appropriate compensation method in each case.
     In summary, this research underscores the importance of a holistic approach to tort law that balances the need for victim compensation with the broader societal objectives of deterrence and order. By adopting a mixed approach to compensation, legal systems can more effectively fulfill the comprehensive goals of tort law, ultimately contributing to a more just and equitable society.

The requirement of persons to compensate for others is called civil liability and, contrary to criminal responsibility, is more than a goal of retribution, guaranteeing the protection of individual rights. The public media as a tool for communicating between human beings can lead to many conflicts between the protection of the individual rights of citizens and the right to inform. Civil Liability of the Media is a fair solution to explain the interaction between the rights and duties of the public media and is concerned as permission to continue their activity. However, the Iranian legal system has just recognized the civil liability caused by crime, which causes many harmful activities carried out through the media and do not have specific criminal titles in laws, given The principle of legality of crimes and punishments, remain irreparable. On the other side, from the civil liability point of view, any damage, even unintentional damage or the damages caused by negligence, also the violation of a guaranteed right, must be compensated. Given the above, we intend to explain the position of public media responsibility in ensuring audience rights by emphasizing the focus of misleading advertisements in the field of health.

One of the goals of the legal and jurisprudential system is orders for prosperous and competitive business, so that sellers and producers receive real wages and buyers receive the best quality by paying the minimum price, applying illegal competition and using anti-competitive procedures. It is one of the strategies that some economic companies use to remove competitors from the market. In this research, first the examples and elements of these acts and then the civil responsibility resulting from them are examined. Finally, it was found that articles 249 and 244 of the General Penalty Law deal with issues related to illegal competition, anti-competitive practices, and especially the concepts of insidious competition, and specify the civil and legal responsibilities related to these actions. which is not subject to penal regulations, the injured party can request compensation for material and moral damages according to the civil liability law, and in fraudulent competition, in addition to requesting compensation, the aggrieved person can request to prevent and stop actions that are included in the definition of fraudulent competition. Please ask the court, taking into account new and creative ways of applying anti-competitive procedures and conducting insidious competition, the need for more legal supervision and the establishment of new laws in accordance with the civil responsibility of applying new procedures and illegal competition, especially in cyberspace and according to With the progress of science, it is felt more and more.

With the spread of the corona virus (Covid-19) in 2019, in addition to various physical, material and spiritual damages, it affected the social and economic life of many people, especially the people of Iran. Due to the fact that the mentioned virus appears in different ways in people, it may cause blood loss in infected patients and it is necessary to supply the need from the blood bank. Therefore, among the legal issues that can be raised in connection with the provision of blood by the blood bank in the conditions of the outbreak of the Covid-19 (Corona) virus, is the civil liability of the blood bank. According to this research, which was carried out using a descriptive-analytical method, blood bank employees are responsible for the patient's health during the transfusion of blood or its products under normal conditions, and they are responsible for compensation to the extent of the effective fault in the damage caused to the patient. Therefore, in emergency situations, such as the uncontrollable situation of Corona, the blood bank does not have any responsibility towards patients requesting blood, and if blood or blood products are requested and prepared for the patient according to the doctor's order, depending on the extent of the doctor's fault and lack of His supervision of the blood transfusion by the nurse, the civil liability is imposed on him, unless the fault of the nurse is proven for his improper performance. Finally, compensation for both material and moral damage, depending on the effectiveness of the performance of each of the above-mentioned departments, is charged to them individually or jointly.

Among the constituent parts of jurisprudence, shared between public and private law, is civil liability, which has a long history and each legal system has contributed to it. This article tries to explain the historical roots and theoretical foundations of civil liability in the Indian legal system by emphasizing the theory of strict liability, which is one of the four major theories in this field. In fact, the purpose of this research is to investigate the formation of civil liability in India based on the mentioned theory. This theoretical research, in addition to adopting a historical approach, is based on the descriptive-analytical research method and has collected information in a library form by referring to existing books, documents and articles. The findings of this research indicate that civil liability in India – centered on the theory of strict liability – has been influenced by British law in most of its aspects. However, there are many reasons for this, which has affected the evolution of the traditional legislative and legal system of this country, and as a result, the Indian legislator has not and does not consider the conditions of the Indian society in the implementation of the relevant rules. One of the most important evidences of this difference is absolute liability, which is derived from strict liability and is used in the field of ultrahazardous activities.

The principle of benevolence, or Ehsan, is a foundational concept in Islamic jurisprudence, which emphasizes altruism, sacrifice, and service to others. Given the social nature of human beings, there is a continuous need for individuals to integrate into the community and engage in mutual assistance. However, this integration often leads to conflicts of interest and potential rights violations due to inherent traits like greed and the pursuit of power. To mitigate such conflicts, laws and principles, including civil liability, are essential in ensuring justice and protecting individuals' rights. Civil liability, or non-consensual liability, holds individuals accountable for any harm they cause to others, requiring them to compensate for the loss.
     Contrary to the strict application of civil liability, Islamic jurisprudence introduces the principle of benevolence. This principle acknowledges that individuals driven by altruism may inadvertently cause harm while attempting to benefit others. In such scenarios, the primary ruling of non-consensual liability is overlooked, and the principle of benevolence exempts the well-intentioned individual from liability. The increasing complexity of modern societal needs underscores the importance of benevolence and mutual assistance. Promoting a culture of benevolence is vital for educational systems and institutions, and Islamic law has long advocated for this through significant principles like Ehsan.
     This study aims to provide a comprehensive examination of the principle of benevolence from an educational perspective within Islamic jurisprudence. It seeks to identify the educational criteria and standards that define the value of benevolent acts and document their educational reflections in human relationships as perceived by both Western and Islamic scholars. The study also explores the educational applications and implications of Ehsan, highlighting the roles of educational institutions and media in fostering a culture of benevolence.

The central research question guiding this study is: How can the principle of benevolence (Ehsan) be effectively integrated into educational systems to promote a culture of altruism and mutual assistance in contemporary society?
     To address this overarching question, the study will explore several subsidiary questions, including:     What are the jurisprudential foundations of the principle of benevolence in Islamic law?
     How do educational theories and practices in Islamic jurisprudence define and value acts of benevolence?
     What are the similarities and differences in the conceptualization of benevolence between Islamic and Western educational perspectives?
     How can educational institutions, media, and cyberspace contribute to promoting benevolence among different societal segments?

The hypothesis underpinning this research posits that integrating the principle of benevolence into educational systems can significantly enhance social cohesion and mutual assistance. Specifically, the hypothesis can be broken down as follows:     The principle of benevolence, rooted in Islamic jurisprudence, offers a robust framework for fostering altruistic behavior and social responsibility.
     Educational institutions that incorporate the principles of Ehsan into their curricula and culture can effectively instill values of altruism, service, and community engagement in students.
     Media and cyberspace, when utilized strategically, can amplify the promotion of benevolence and reach a broader audience, thereby reinforcing these values across different societal segments.

The study employs a multi-disciplinary approach, combining jurisprudential analysis with educational theory and practical applications. The methodology involves several key components:     Jurisprudential Analysis: A detailed examination of Islamic legal texts and scholarly interpretations to elucidate the principle of benevolence.
     Comparative analysis with Western legal and educational theories to highlight convergences and divergences.
     Educational Theory: Exploration of educational theories and principles that align with the concept of benevolence.
     Identification of criteria and standards used to evaluate the educational value of benevolent acts.
     Examination of media campaigns and cyberspace initiatives that have promoted altruism and mutual assistance.
     Interviews and Surveys: Conducting interviews with scholars, educators, and students to gather insights into the practical applications of Ehsan in education.
     Surveys to assess the impact of benevolence-focused educational programs and media campaigns on students and the general public.
     Documentary Analysis: Review of educational curricula, media content, and cyberspace materials to evaluate how benevolence is portrayed and promoted.
     The framework for this study is built upon the integration of these methodologies, providing a comprehensive understanding of the principle of benevolence from both jurisprudential and educational perspectives. This approach allows for a thorough investigation of how Ehsan can be operationalized in contemporary educational systems to foster a culture of altruism and mutual assistance.
     In summary, the study aims to bridge the gap between jurisprudential principles and educational practices, offering insights into how the principle of benevolence can be effectively integrated into modern educational frameworks. By doing so, it seeks to contribute to the development of a more cohesive and supportive society where mutual assistance and altruism are highly valued and actively promoted.

The investigation into the principle of benevolence (Ehsan) from an educational perspective reveals several key findings that underscore its significance and practical applications in contemporary society. These findings demonstrate the profound impact of integrating benevolence into educational frameworks and the broader implications for fostering a culture of altruism and mutual assistance.
     Key Findings

     Intrinsic Value of Benevolence: The study confirms that benevolence holds intrinsic value, deeply rooted in both Islamic jurisprudence and universal ethical principles. This intrinsic value is reflected in the positive moral and spiritual outcomes of benevolent actions, which are emphasized in numerous Quranic verses and Hadiths. The principle of benevolence promotes ethical conduct and moral integrity, which are essential components of a holistic educational system.
     Altruism and Educational Outcomes: Altruism, as a core component of benevolence, significantly enhances educational outcomes. The presence of altruistic values in educational settings fosters a sense of community, empathy, and social responsibility among students. This is crucial for developing well-rounded individuals who are not only academically proficient but also socially conscious and morally responsible.
     Worldly and Hereafter Benefits: The dual aspects of benevolence—worldly benefits and advantageous effects in the hereafter—provide a comprehensive framework for understanding its importance. In the worldly context, benevolent actions contribute to social cohesion, mutual support, and overall well-being. The promise of rewards in the hereafter further incentivizes individuals to engage in acts of kindness and service, reinforcing the principle's significance from a spiritual perspective.
     Addressing Material and Spiritual Needs: Benevolence encompasses addressing both material and spiritual needs. This dual focus ensures that individuals receive holistic support, which is vital for their overall development. Educational programs that incorporate benevolence can address various dimensions of student needs, promoting a balanced and comprehensive approach to education.
     Negative and Irrational Individualism: The research highlights a concerning trend of negative and irrational individualism among students in educational centers. This individualism, driven by self-interest and personal gain, is contrary to the principles of benevolence and altruism. Addressing this issue requires a concerted effort to cultivate a culture of generosity, cooperation, and mutual support within educational institutions.
     Role of Media and Cyberspace: The study underscores the pivotal role of media and cyberspace in promoting benevolence. These platforms provide opportunities for the public to engage with and support benevolent initiatives. Educational campaigns leveraging media and cyberspace can reach a wider audience, effectively disseminating the values of altruism and service.
Discussion The principle of benevolence, when integrated into educational systems, offers a transformative approach to developing socially responsible and morally upright individuals. This integration requires a multifaceted strategy that includes curriculum design, educational activities, and the use of media and cyberspace.
     Curriculum Design: Incorporating benevolence into the curriculum involves designing educational programs that emphasize ethical values, social responsibility, and community service. Courses and activities that promote altruism, empathy, and mutual support can foster a positive educational environment conducive to holistic development.
     Educational Activities: Engaging students in charitable activities and community service projects is crucial for practical learning. These activities provide hands-on experience in applying benevolent principles, allowing students to witness the tangible impact of their actions on the community. Educational institutions should create opportunities for students to participate in such initiatives, reinforcing the importance of altruism and service.
     Media and Cyberspace: Leveraging media and cyberspace to promote benevolence can significantly enhance outreach and engagement. Educational campaigns and social media initiatives that highlight stories of benevolence and service can inspire others to follow suit. These platforms can also facilitate discussions and raise awareness about the importance of altruism, creating a supportive community that values and practices benevolence.

Promoting a culture of benevolence and service is not only an educational necessity but also a moral imperative. Islamic law, with its emphasis on the principle of benevolence, provides a robust framework for fostering altruism and mutual assistance. This principle, deeply rooted in ethical and spiritual values, offers significant educational benefits, contributing to the development of well-rounded, socially responsible individuals.
     Benevolence encompasses both the prevention of harm and the provision of benefit, reflecting a comprehensive approach to human relationships. The educational criteria for valuing benevolence—intrinsic value, altruism, worldly benefits, and hereafter rewards—highlight its multifaceted significance. Addressing both material and spiritual needs ensures holistic support for individuals, promoting balanced development.
     The study's findings reveal a concerning trend of negative individualism among students, underscoring the need for educational systems to cultivate a culture of generosity and cooperation. This can be achieved through curriculum design, educational activities, and leveraging media and cyberspace to promote benevolence.
     The principle of benevolence as an educational rule implies that the trainee's selectivity and goodwill are paramount. Acts of benevolence should stem from innate and human nature, free from external compulsion. This principle's implications for educational planning and curriculum design emphasize the scope of good deeds and the necessity of aligning educational practices with human nature.
     In conclusion, integrating the principle of benevolence into educational systems offers a transformative approach to fostering a culture of altruism and mutual assistance. By promoting ethical values, social responsibility, and community service, educational institutions can develop individuals who are not only academically proficient but also morally upright and socially conscious. This holistic approach ensures that education contributes to the overall well-being of society, creating a more cohesive and supportive community where mutual assistance and altruism are highly valued and actively practiced.

The Supreme Tax Council, during a theory regarding the responsibility of the tax administration in not objecting to the opinions of the tax boards, has stated that it is not a legal obligation to object to the wrong decision of the board; The responsibility of the officers should be determined within the framework of the executive regulations of Article 219 of the Tax Law. According to them, the cases subject to compensation for damages caused to the government are enumerated in Article 270, according to the mentioned article, failure to object to the opinions of the dispute resolution board is not one of the mentioned cases, therefore, the tax dispute resolution board will be responsible for compensating the damages caused to the government. In this research, which was carried out using a descriptive-analytical method, it was found that Article (270) of the Civil Code was not intended to express civil responsibility, and in any case, if the elements of civil responsibility are realized, the aforementioned responsibility will be achieved, the said article only I have emphasized it. On the other hand, dozens of duties are mentioned in the Taxes Law, which are not explained in Article (219). In principle, dealing with civil liability is not within the jurisdiction of the Supreme Tax Council, but within the jurisdiction of the courts. If issuing a wrong decision or not objecting to it is deliberate and knowing, the perpetrator will be responsible for compensation. If both of them or none of them have intention and knowledge, they are equally responsible for compensation. If the negligence of any of them is due to the failure of equipment and systems, he will not be responsible for compensation.

One of the important issues in forced guarantee is the guarantee caused by deception and trickery, which the jurists refer to as the "rule of pride" and based on it, a deceived person who has suffered a loss due to another's deception, is entitled to this possibility. They allow him to approach the cheater and claim compensation for his loss. In Iran's legal books, this issue has not been examined independently, and what is discussed sporadically is based on jurisprudence. In English law, this issue is referred to as fraud and misrepresentation, and it is realized when a two-sided concept is used without sufficient clarity, and the person describing it deliberately makes false statements with the intention of deception. Or he has been careless in the accuracy of his statements The legal rules of both countries show that deception is considered as a cause of civil liability, and the basis of the guarantee judgment resulting from it is deception and arrogance that caused damage without the need for damage in the meaning of the term. be made Of course, in the legal rules of each country, different conditions and bases are considered, such as fraudulent act, loss, causation relationship, knowledge and intent, fault, etc., but damage, fraudulent behavior and causation relationship The main elements of guarantee are in fraud, which is common in the legal rules of both countries, England and Iran.

In the following article, which is of a descriptive-analytical type, for the first time, from a jurisprudential point of view, the civil responsibility of the shadow directors of British and Iranian commercial companies with multiple effects on the main members and pillars of commercial companies has been discussed from multiple angles of jurisprudential and theoretical rules. A shadow director in English law is a person who directs and manages the company behind the scenes to avoid responsibilities, and according to English law, the key factor that identifies a shadow director is the exercise of control over ordinary directors. As a result, the role of shadow director may easily be performed even by a board member who exercises control over other directors. It is necessary to study and analyze this concept from a jurisprudential and legal point of view, and while identifying it, analyze the jurisprudential and legal responsibilities regarding it. This concept has been studied and analyzed in English law, but from the jurisprudence and Iran's rights have not been recognized, but the responsibility for that should be recognized from the sources of civil responsibility in jurisprudence, such as the harmless rule.

Whether or not transgenic crops are harmful is still unclear. The present article was organized by descriptive-analytical method with the aim of investigating the compensation of losses caused by transgenic products, states the principles and methods of compensation for loses caused by these products, and in response to this question, if the harms of these products are proven, on what basis can we claim damages? Based on civil liability, which is divided into contractual and non-contractual liability, if there is a contract, there is no problem to compensate, but if there is no contract; the injured party must prove the guilt of the perpetrator of the harmful act in order to compensate the loses. However, due to the fact that it is difficult to prove such a thing, strict responsibility is taken to facilitate the compensation of loses caused by transgenic products. Given that not only does the government has a social responsibility to the people but it also has a duty to issue licenses for transgenic products. Accordingly, authors believe that not only should the governments be responsible for compensation associated with transgenic products, but it should also establish a compensation fund to protect the rights of victims better.

During different periods, civil responsibility has been based on different theories, each of which suggests a specific method for compensation. From the 20th century onwards, a theory under the title of "distributive justice in civil responsibility" has been proposed. Distributive justice is related to the fair distribution and sharing of benefits and harms of useful and necessary activities for today's life, which at the same time have far more serious and widespread risks. In this research, the question is, why is it necessary to bear the damage caused by one person to a group such as Aqila or the whole people (by paying the insurance company or by paying the insurance company)? In The Iranian law, distributive justice is not the main basis of civil responsibility and is an exception to the principle of corrective justice. It seems that the establishment of institutions such as insurance and support funds is one of the most important foundations of this type of justice, and the realization of this justice cannot be expected in all cases of civil liability. Also, the realization of distributive justice in the civil liability system will surely reduce accidents. Sometimes the damage caused is so heavy that it is beyond the power of the person causing the damage to compensate for it, Therefore And so the damage left uncompensated. For this reason, in modern law, the expanding thought in compensation is the discussion of distributive justice. On the basis of distributive justice, in such cases, the loss is borne by many people and the damage is compensated collectively, or the government assumes this role by providing funds or compulsory insurance, although some examples of losses through this type of distributive justice, which is an exception, it cannot be compensated. In this research, a descriptive-analytical method is used to achieve the goals.

In the economic analysis of the civil liability system, economic efficiency is used as the basis of civil liability. Accordingly, the purpose of this article is to examine economic efficiency as the basis of civil responsibility.

The present article is theoretical and has investigated the discussed topic by using descriptive and analytical method.Materials and data are also qualitative and data collection was used in collecting materials and data.

Ethical Considerations:

 In this article, the originality of the texts, honesty and trustworthiness are observed.

Considering that Iran's legal doctrines have not yet provided a definition of the concept of economic efficiency in the rules of civil responsibility, if one wants to choose one of the concepts presented by western theorists, it seems that Posner's theory is better because of the fewer disadvantages that It is a more appropriate choice than other existing theories. Unlike the Pareto optimal situation, it considers it possible to reach social welfare and increase it, and like the Kaldor-Hicks criterion, it does not need to create an alternative to cause damage and offers a more specific solution than the Pareto optimal situation. For this reason, it is superior to other theories.

The problem is different in the assumption of unilateral and bilateral events. In one-sided accidents, both the rule of fault and the rule of pure responsibility can achieve the optimal social result, but in bilateral accidents, the rule of fault is more effective.

n this research, we aim to analyze the challenges and gaps governing the civil liability of automobile companies from a legal perspective. In this regard, considering that the development of the civil liability system for automobile companies in general, including in the field of assembly, has taken place mainly in advanced legal systems such as the United States of America and France, it should naturally be expected that The foundations, conditions and effects of civil liability in this field have been discussed and investigated in the aforementioned legal systems in comparison to Iran. In Iran's legal system, the participation of Iranian automobile companies with foreign automobile companies and the extent of their civil liability is based on the law of encouraging and supporting foreign investment. Considering that based on Article 2 of the Law on the Implementation of General Policies, Article 44 of the Constitution, which enumerates the exclusive government activities, the automobile industry, including car assembly, is not considered among the exclusive government activities, the presence of automobile companies is possible. There has been a foreigner in Iran's economy to make this issue in the form of direct investment, which has not been provided since the victory of the Islamic Revolution. In any case, any type of contract in the field of participation in the field of automotive industry should be based on the Law on the Protection of the Rights of Automobile Consumers 2016. According to the aforementioned law, the civil liability of car manufacturing companies in the field of car assembly has been divided into two warranty periods and non-warranty periods. In the warranty period, it mentions the commitment of the car manufacturing companies in the field of safety and health of the assembled car as a commitment to the result, and therefore, proving that the car manufacturing companies are not at fault in this regard cannot cause their lack of civil liability in the aforementioned field. According to note one of article two, it cannot be less than one year or 3000 km as the case may be. Of course,

In case of bodily injury, whether intentional or unintentional, or simple mistake (pure mistake), the holy legislator )Holy Sharia, Allah as the law-giver) and according to it the legislator, has determined the limb retaliation, the limb blood money or corporal crimes compensation, or its benefit. However, compensation for beauty is not explicitly stated in the statute, and the recovery of injuries along with the ugliness of the face has not been explained, and there is no document on whether beauty is a benefit. Therefore, it is not known whether it is possible to claim compensation for the loss or decrease in beauty, in addition to the fixed blood money of the limb, or where the limb does not have the fixed blood money, is it possible to receive corporal crimes compensation or more than that or not? To answer these questions, reference was made to the library sources of Sunni and Shiite jurisprudence with a descriptive-analytical method. And it became clear that Sunni jurists consider " destruction of benefit and destruction of beauty" together or separately from each other as the cause of blood money or corporal crimes compensation. And in the Shiite jurisprudence, the early ones have not explicitly addressed this issue, and some of the later ones believe that it is not possible to claim compensation due to beauty defects, and some have believed that there is a distinction between the limb that is entitled to specified blood money. The result is that one of the reasons for the existence of limb blood money and blood money of limb benefits in Sharia is decrease or loss of beauty, and this is assumed without being explicitly stated in the law.

Product liability is an important issue that affects consumers and businesses. Laws governing product liability can vary significantly from country to country. Based on this, the purpose of this article is to investigate civil liability for product defects in the laws of Iraq and Jordan.

This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.

Ethical Considerations:

 In this article, the originality of the texts, honesty and trustworthiness are observed.

The findings showed that in Iraq, product liability laws are mainly governed by the Iraqi Civil Code, which imposes a duty of care on manufacturers, distributors, and sellers. Jordan, on the other hand, has a more detailed product liability framework, with specific provisions outlined in the Jordanian Consumer Protection Act. The Act establishes clear guidelines for product safety standards, consumer rights and the assignment of responsibilities between manufacturers, importers and sellers.

The result is that in Jordanian and Iraqi law, although according to the traditional system, in case of a defect, the rules of the civil law should be applied regarding the defect, but the theory of fault is not sufficient and alone cannot explain the attribution of damage to the manufacturer in the case of civil liability caused by the car defect. . It is necessary to move the protection of consumer rights to the theory of pure responsibility.

According to Article 388 of the Trade Law, as well as Article 114 of the Trade Bill approved in 1403, the transport operator is responsible for the actions of sub-operators. Jurists consider this article an example of contractual liability resulting from non-action, while the acceptance of the civil liability for the main obligee for non-action as a general rule faces many ambiguities and problems, and there are serious difficulties in attributing this point of view to the Iranian legislator. According to the principles of jurisprudence and the civil law, the carrier is considered a trustee; Therefore, assuming that the transport operator has permission to delegate the obligation, if he does not commit violations and abuses and a third party incurs loss of property, there is no reason to hold the first transport operator responsible, and the only person liable for the damage is the guarantor. It seems that the interest of society requires the responsibility of the first administrator. In this regard, this research seeks to answer the question: What are the solutions that can be used to determine the responsibility of the first operator due to the actions of the sub-operators? In short, the first method is to use an implicit condition, both customary and legal. Another solution is to use the mechanism of the ruling, which can be applied in two main ways. In one approach, granting a license to a transport operator is conditional upon accepting the responsibility towards sub-operators. In the second approach, the legislator imposes a mandatory order for the transport operator, such as liability insurance, and in the next step, sets a performance guarantee for its violation.

Smart contracts, as a new generation of electronic contracts, have been welcomed by many people to conclude contracts in cyberspace due to unique features, including transparency, self-execution, decentralization, and accuracy. Nevertheless, this technology will pose unknown legal challenges similar to what happened to the DAO smart contract in 2016. In this study, the causes of civil liability in case of occurrence of errors during the implementation of smart contracts were identified and studied. Utilizing library and internet resources with descriptive and analytical methods, with the underlying assumption that the terms of the contract were known to the parties, and mutual agreement on the contract's provisions was reached at. It was further posited that any errors that occur were not a result of a mistake by the will of the contracting parties. The results indicated that at least four cases can incur civil for the errors caused by implementing the smart contract, including (1) the blockchain on which the smart contract was implemented, but caused errors in the smart contract due to a security gap or programming problems, (2) artificial intelligence that is responsible for analyzing and executing smart contract codes and has not analyzed or executed the code correctly, (3) oracles connected to the smart contract that provide insecure or wrong information to the smart contract, and (4) the smart contract developer who did not write the security codes of the contract correctly or inadvertently put the wrong code in the smart contract, due to lack of skill or negligence.

In the tort liability, damages are distributed by modern institutions such as insurances, strict liability of companies or traditional and jurisprudential institutions such as kinsmanship. Although these loss distributive institutions have advantages such as assuring compensation of the injured or reducing the injurer’s burden of compensation, some analyzers believe that the facilities such institutions provide to the two parties can deteriorate the deterrence role of the civil liability and promote imprudence. Therefore although these institutions are in line with the tort liability system in terms of compensating the damage, they have a reverse effect in terms of deterrence and promote imprudence. In contrast, there are reasons that reject critique of the mechanism of these institutions. The reasons include the existence of other deterrent factors along with tort liability such as the sense of misrepresentation of individuals, the ineffectiveness attributable to the tort liability system in the realization of deterrence and the prediction of mechanisms in loss distributive institutions to prevent imprudence. Hence, the distributive institutions generally, unlike the initial perception, if don’t have a positive effect on deterrence, they don’t have at least negative effect on it and did not expedite the spread of it.

The new law on issuing checks has been approved by the Islamic Council parliament on November 4, 2018 in 25 articles and 20 comments. This law includes many innovations compared to the previous laws, of which Sayadi checks are the most important. In fact, in order to avoid the problems that may have arisen for check issuers and holders in the past, the legislator has replaced these types of checks with the old ones, and for its implementation, he has defined tasks for the banks in Three the registration of issuance and the payment of checks, white the investigations, we realized that despite the fact that the above-mentioned law has doubled the duties of the banks in relation to the checks, it has not been successful in terms of their civil liability, and it is limited to specific cases in the check issuance law. Therefore, in order to further study the relationship with the civil liability of banks in the new check issuance law and in special laws, the civil liability of banks has been investigated in relation to Sayadi checks. The result of his research showed that banks are responsible for the loss caused by failure to perform work based on the provisions of paragraph c of Article 35 of the monetary and banking law, article 8 of the civil liability law, and Note 5, Article 5 Repeated of the Check Law. They are responsible for registering, issuing and paying Sayadi checks. That the basis of this responsibility is based on the theory of fault and in some cases it seems to be a pure theory, Venice It saemes the type of this responsibility is contractual in all cases.