مسئولیت مدنی

Currency fluctuations in Iran have been very severe, especially during the last two decades, and have severely affected the lives of economic activists and the general public. Accordingly, the purpose of this article is to study the jurisprudential and legal study of the civil liability of the government for damages caused by severe currency fluctuations.

This article is descriptive and analytical. The materials and data are also qualitative, and questionnaires were used to collect the materials and data.

Ethical Considerations: 

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

From a jurisprudential perspective, rules such as the rule of harmlessness indicate the civil liability of the government, although the rule of benevolence can be interpreted as the lack of government liability. The foundations of civil liability of the government and regulatory agencies in exchange rate fluctuations are the theory of fault, the theory of risk, and the guarantee of rights. But this is not the whole truth.

The sharp fluctuations in the exchange rate in Iran are not solely influenced by the financial and exchange rate policies of the Central Bank. Other variables such as sanctions are considered one of the main factors in the rapid In Iran, despite the prediction of some specific situations in the approved laws that accept the responsibility of the government in accordance with the theories of fault or risk; in many cases, it faces legal problems or gaps.

Mistake in authentication is one of the challenges of notary offices. The purpose of this article is to investigate the civil liability of the notary public due to the mistake in authentication in Iran's legal system.

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 authentication, which means identification of the parties at the time of registration of transactions by notaries, is used in both natural persons and legal entities, and without it, it is not possible to conduct transactions in notary offices. In this connection, in the case of natural persons, there can be two situations, either the client himself appears at the notary office when the document is drawn up, or due to the doubts that the client has, such as cosmetic procedures, vision problems, hearing problems, His presence takes place with the agent. Regarding legal entities, there are two statuses: private law legal entities and public law legal entities, i.e. government institutions and companies.

If the notary registers an official document without verifying the identity of the parties, the case will be one of the examples of the second paragraph of Article 100 of the Registration Law, that a document that is registered without the presence of persons who must be present according to the law, is considered an example of forgery.

Artificial intelligence technology has been used both personally and industrially for years. Artificial intelligence and other digital technologies have the power to transform society and affect the process of economic development. However, their development requires adequate safeguards to reduce the risks of harm resulting from these technologies, such as physical injury or other harm. The purpose of this article is to investigate the civil liability resulting from the use of artificial intelligence in the European Union.

This article is Developmental type, 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 respected.

There are regulations in this regard in the European Union. If damage is caused by artificial intelligence. These damages are compensated based on the responsibilities defined in private law, especially the civil liability law, and possibly with insurance.

Any damages caused by the use of artificial intelligence technologies are subject to strict legal liability for damages and the operators of these technologies are responsible for these damages. Also, producers of products or digital content must be responsible for damages caused by defects in the products, even if changes have been made by the user. It can be said that even in situations where damage is caused to a third party, these damages and losses must be compensated.

Civil liability is the need to compensate for the damage that individual causes  to others through non contractual obligations.The obligation that a person has to compensate for the damaged caused to other regardless of whether the damage causes  was a result of personal actions or related person includes a liability .In the course of his  responsibilities, municipal  manager has duties that can lead to damage. The purpose of present study is to discuss civil liability due to the fault of the municipal managers.
Method and Materials: The research method is descriptive_ analytical

Ethical Considerations:

 In present paper, the principles of text originality, trustworthiness and honesty have been observed.

The elements of civil liability of mayors are  (fault,existence of loss commiting  harmful act and causation relationship). The mayor can be held responsible for the damage if his fault cause the loss. The damage caused by the manager can be personal negligence of the mayor. Additionally, the loss can be due to the weakness of law. Therefore, in the case of   lack of fault by managers, the government will be liable.

If the manager commits a fault in the administrative affairs,the government is obliged to compensate the damage ,but if the administrative performance of manager is not due to duty, it is considered personal negligence and is guaranteed.

General means and methods of determining compensation is one of the controversial issues. The purpose of this article is to examine the civil liability of the objects of Mojmal in Iran's jurisprudence and law and to explain the ways out of it.

This article is theoretical, 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 respected.

When the cause is general, there is no doubt or dispute regarding the fact that there is responsibility and the damage of the accident must be compensated. But there is a dispute regarding the compensation method. The solution of the judge's discretion in requiring each of the surrounding assets to compensate for damages, although it is compatible with Shari'a beliefs, but it is not a suitable and ideal solution as it causes confusion and disorder and chaos. The lottery rule is not very fair. This point of view caused the legislator to remove the lottery rule in the 1392 Islamic Penal Code.

Regarding the solution of paying damages from Baitul Mal, considering that the legislator has mentioned this solution in many cases, but it seems that the solution that is more compatible with legal principles and rules by considering reason, fairness and justice is among the proposed solutions. Sharing the responsibility equally among all means of luxury and paying damages on behalf of all means of luxury.

Introduction :

The rapid expansion of Internet of Things (IoT) devices has seamlessly integrated technology into both industrial operations and private life, significantly impacting security, privacy, and the quality of life for users and consumers. However, this growth brings forth critical issues regarding liability when these devices malfunction or cause harm. Manufacturers, as the primary creators and suppliers, hold a unique status in ensuring the proper functioning of these products. In contexts like Iran, where suitable legislative frameworks are lacking, it becomes imperative to explore the foundational jurisprudential and legal principles that could guide the establishment of manufacturer liability within the Islamic legal system. 

 Research Question :

What are the fundamental principles and limitations of liability for IoT device manufacturers within the Islamic legal system, and how can these principles inform the development of appropriate legislative frameworks in Iran to address the harms caused to consumers by IoT device malfunctions? 

 Research Hypothesis :

Based on the principle of "action and acceptance of consequences" [Igh'dam] in Islamic law, the study hypothesizes that a moderated approach to manufacturer liability is necessary. This approach should recognize the technical complexities of IoT devices and assign appropriate responsibility to manufacturers for damages resulting from device malfunctions, while also considering the roles of consumers, governmental bodies, and quality assurance organizations in mitigating risks and addressing harms. 

 Methodology & Framework, if Applicable :

This research employs a doctrinal legal methodology, utilizing comprehensive library-based resources to analyze and propose theories related to manufacturer liability in the IoT sector.

 Results & Discussion :

The research demonstrates that relying solely on the principle of destruction "It’laf" (causing loss) in Islamic jurisprudence is insufficient to establish the liability of IoT device manufacturers. This is primarily because there is often no direct causal link between the manufacturer's actions and the damage incurred by the consumer. The complexity of IoT devices and the multifaceted nature of potential harms necessitate a more robust legal foundation. Therefore, the study explores a plurality of legal theories—including risk, negligence, product safety assurance, and strict liability—that collectively affirm the civil liability of manufacturers. The application of these theories acknowledges that IoT devices introduce unique challenges due to their technical intricacies and the rapid pace of technological advancement. For instance, the theory of negligence highlights the manufacturer's duty to exercise reasonable care in the design and production of devices. However, given the evolving nature of IoT technology, what constitutes "reasonable care" may change over time, requiring continuous adaptation of legal standards. Moreover, the concept of strict liability is particularly pertinent, as it holds manufacturers accountable for damages caused by defective products regardless of fault or negligence. This is crucial in situations where the consumer cannot easily identify or prove the manufacturer's fault due to the device's complexity. However, the study suggests that an absolute application of strict liability may be unjust, given the shared responsibilities among various stakeholders. The discussion also emphasizes the importance of flexibility in jurisprudential and legal theories to address new and unforeseen issues arising from IoT technologies. A rigid legal framework may fail to account for novel types of harm or the emergence of new actors in the IoT ecosystem. Therefore, a pluralistic and adaptable legal approach is necessary to ensure comprehensive consumer protection while also promoting innovation. Furthermore, the research acknowledges that manufacturers are not the sole bearers of responsibility. Consumers, under the principle of "action and gain" [Qa‘idat al-Ghanam] in Islamic law, accept certain risks when using IoT devices and thus share in the responsibility for any resultant harm. This acceptance is based on the understanding that engaging with advanced technologies inherently involves some level of risk. Governmental bodies and quality assurance organizations also play a critical role. Their responsibility lies in certifying products and ensuring they meet safety standards. Failure to detect defects can render them liable for damages, which introduces an additional layer of accountability and encourages rigorous regulatory oversight. The study highlights the necessity of investment in IoT technologies due to their significant societal benefits, such as improvements in healthcare, resource management, and transportation. To maximize these benefits, there must be concerted efforts from both governmental and private sectors to provide financial support and incentives for research and development. This investment not only accelerates technological advancement but also fosters consumer trust and widespread adoption of IoT devices.  Lastly, the research points out the global deficiency in comprehensive legislative frameworks that address the legal aspects of new technologies. This gap underscores the need for ongoing scholarly engagement in Islamic jurisprudence and legal studies to develop updated laws that can effectively manage the complexities introduced by IoT devices. 

Conclusion :

In conclusion, establishing the liability of IoT device manufacturers within the Islamic legal system requires a multifaceted approach that goes beyond the traditional principle of "It’laf." The study finds that incorporating various legal theories such as risk, negligence, product safety assurance, and strict liability creates a more robust and adaptable framework. This pluralistic legal foundation is essential to address the continuous emergence of new challenges posed by the advancement of IoT technologies.Manufacturers hold significant responsibilities, including ensuring device security, protecting consumer privacy, and accepting liability for defects. However, the complex nature of IoT devices means that consumers and governmental bodies also share in the responsibility for mitigating risks and addressing harms. Consumers, by choosing to use these devices, accept certain inherent risks, while regulatory bodies must enforce safety standards and certify product quality. The research emphasizes the critical role of investment and support in the development of IoT technologies. Such support enhances the quality of life and drives sustainable advancements, benefiting society at large. Encouraging innovation through financial incentives and infrastructural development is imperative for the continued growth and positive impact of IoT devices.

When banks or financial institutions face a crisis, depositors or investors suffering losses may have different means to gain redress. Compensation claims based on contract or tort may be brought against the bank or authorized person. This may be based on a breach of the investment contract. As a last resort, when they have not been able to obtain compensation for damages or only a partial compensation, they may sue the financial supervisory authority to recover what they would otherwise not be able to obtain. The failure of a bank or supervised person may be the consequence of the competent authority not having supervised properly. In the last few years, the liability of financial supervisory authorities for lack of supervision has been discussed all over the world. Some believe in expanding the liability of banking supervisory authorities with the goals of prevention, making the economic and financial system efficient, supporting bank investors, and fully compensating for losses. In contrast, others believe in the immunity of these officials, with the argument that the improper supervision can lead to unwanted losses, and accepting the liability for them to compensate is unjustified. The article is presented in two topics of "Complete Immunity" and "The Liability of Banking Supervisory Authorities" by examining the examples and standards in different countries.

Although the production of advanced and diverse goods accelerates activities, provides general comfort, and satisfies human needs, it simultaneously exposes humans to potential danger and damage due to unknown defects. The research question seeks to explore the extent to which the defense of the risk of developing science applies in cases of defective goods. In other words, if a defect exists during the production of the goods, at a time they are put on the market, or if a defect arises in the goods, can the defense of the risk of developing science in the defect of the goods be invoked and the manufacturer or seller be considered exempt from civil liability for the aforementioned risks? Since no specific research has been conducted to address this question so far, the present research provides an answer to the aforementioned question based on the "theory of the defense of the risk of developing science in the defect of the goods." This study employs a comparative method in the context of the common law system and utilizes a descriptive-analytical approach. The findings concluded that although the manufacturer and seller may be exempt from civil liability for design and warning defects, they are responsible for manufacturing defects.

One of the methods of preventing theft is the use of electric fences and guards. If the owner uses high-voltage electricity, the thief will be seriously injured or even die if touched. Considering the fatwa of some contemporary jurists regarding the lack of the owner's guarantee, the upcoming research seeks to answer the question, "what jurisprudential documentation can be established for the lack of an owner's guarantee?" Additionally, by examining the criticisms received, “what ruling can be expected?" The research, which was carried out with the descriptive and analytical data processing method, found out that: Although the owner has the right to occupy his property, it is necessary to follow the order of the easiest to the easiest. I In case of the ineffectiveness of weaker shocks, measures such as installing a warning sign for strong electricity relieves the responsibility of the owner. In addition, despite the existence of definite evidences on the sanctity of the Muslim blood, and the realization of the assignment that fulfills the owner's guarantee, as well as the lack of sufficient reasons for the cancellation of the owner's guarantee, the judgment of his guarantee in illegal possessions will be correct.

Autonomous Artificial Intelligence is both effective and ineffective when interacting with islamic law. The influence of artificial intelligence on various aspects of islamic law causes many challenges, on the other hand, influence by Islamic law also means to legislate and guide artificial intelligence with the requirements of islamic law. First of all, this research explaines the challenges of Islamic law, especially the possibility of granting legal personality to artificial intelligence, by resorting to the descriptive-analytical approach and using the comparative method.Considering the necessity of effecting Islamic law, this research has proposed methods such as defining islamic ethics for artificial intelligence and the appropriate usage of related legal platforms in other legal systems, aiming at the the proper standardization of artificial intelligence is one of the foundations of modern Islamic civilization.

Today, with the spread of media tools, the possibility of defamation lawsuits with numerous foreign elements has increased, which can make it difficult for courts to apply the traditional conflict of law rules. Obviously, applying a uniform rule of conflict of laws and preventing too many conflict of laws rules in such lawsuits between different countries will increase predictability and legal certainty and will remove the possibility of abuse by litigants. But which connecting factor can be considered suitable for defamation lawsuits? This article, while assessing the connecting factors applicable to defamation lawsuits, will propose a suitable connecting factor as a rule for the conflict of laws. In this article, it will be shown that if there were multiple competent jurisdictions, the lex fori allows the abuse of the claimants. Also, the application of the rule based on the appropriate law does not bring legal predictability and certainty due to the existence of high flexibility, and the law of the defendant's place of establishment cannot demand justice between the parties. Applying the law of the place of damage, because it may lead to the rule of multiple laws in a lawsuit, faces the court with problems in practice. However, the law of the habitual residence of the victim can be applied as a favorable communication factor in defamation lawsuits.

The justice function of legal rules, especially civil liability law, is one of the issues that has attracted the attention of scholars. Given that Islamic and common law legal systems share certain commonalities, the justice function of civil liability law of these two systems was comparatively studied using a descriptive-analytical method. It turned out that the view of justice in the common law system has evolved from situation to theory. In line with this view, the justice function of civil liability law was analyzed through relational, fundamental, combinatory, and realistic approaches. However, both systems agree that the purpose of civil liability law is to achieve corrective justice. In Islamic law, the apparent evidence suggests that justice serves as a criterion for all matters and issues, and its function in civil liability law is restorative. This difference in approach affects the judge's discretion in determining the amount of compensation, as well as in cases involving multiple factors, and whether liability is applied fully or proportionally.

The present research, using the qualitative method and analytical-descriptive method, aims to performance a comparative study and explain the foundations and examples of the civil responsibility of electricity supply institutions. The findings of this research show that the civil liability of the mentioned institutions in Iran and America in the stages of production and transmission is considered as "Sovereign Acts" and in the stage of distribution among subscribers and consumers is considered as "Employee Acts"; In addition, the civil liability of the electricity supplier entities is "Contractual and Non-Contractual" in nature, and both Iranian and American legal systems consider the civil liability of the electricity supplier entity in the production phase, which is a liability based on the contract; with the difference that the basis of responsibility is different in these two legal systems; As in Iranian law, this responsibility is based on "Fault" and claimable damages resulting from the violation of contractual obligations are subject to the specification of the parties, custom or law; But in American law, the basis for establishing the contractual liability of the aforementioned entities is "Pure Liability" or liability without fault, and the liability of these entities is established solely based on the breach of obligation; Therefore, in this legal system, as soon as a breach of contractual obligations is established, regardless of the reason for the breach or fault, the obligee is responsible for compensation. In the stage of electricity distribution, in Iran's legal system, it is possible to point out the responsibility resulting from the lack of care and maintenance of the facilities and equipment for the transmission and distribution of electricity to the subscribers, as well as the responsibility resulting from negligence and failure to take preventive measures, which is the factor of "Fault" Civil liability plays a fundamental and key role for the aforementioned supplier institutions; But in the American legal system, one can find very limited cases in which civil liability can be proposed for the mentioned institutions at this stage, and basically it is very difficult to establish civil liability at this stage, and this is due to the mechanisms that exist in this country in In order to comply with electricity transmission and distribution standards, division of responsibility and the involvement of consumers and subscribers in possible damages are applied.

One of the controversial issues in civil liability law is the use of the right; In other words, to what extent should the right be implemented? If the implementation of a person's right is harmful for others, what is the duty of the right holder? In order to control the quality of the exercise of the right, it is necessary to specify a criterion through which the abuse of the right can be identified. Method In terms of purpose, this writing is practical, and in terms of collection method, it is done in documentary and library form and through the study of laws and regulations and reliable sources, and the information obtained is descriptive and analytical. Regarding the findings of the research, it can be stated that, although Article 132 of the Civil Code is the basis of the legislator's view on the ruling on the abuse of the right, the divergent nature of rights has caused the limitation of the right to be two-sided; It means that sometimes the abuse of the right of guarantee is not enforced and the legislator makes the ruling on the exercise of the right absolute and sometimes prohibits the fair exercise of the right; Regarding the scope of the abuse of the right, it should be considered that the theory of abuse of the right applies only to the exercise of the right, while the rule of non-harm is not limited to the customary scope of the exercise of the right, such as the right of ownership or the right of passage. Regarding the results of the research, it can be said that the place of flow of the rule of abuse of the right is the application and implementation of the right; And in Iran's legal system, it is used to deal with the harm caused by legal rulings and to fight against the right to enforce a right that leads to another harm. On the other hand, in French law, in case of abuse in the position of enforcement of the right, the sentence of permission and falsification of the exercise of the right is removed and it has an equal relationship with the theory of negation of the sentence

Given the extensive scope of damage compensation rights and the intricate regulations governing them, parties involved in actual or potential causes of loss constantly seek ways to ascertain the extent of their liability, hoping to avoid substantial and unpredictable compensation claims. This is only possible via the intersection of civil liability and contract law, which can manifest itself in various forms. However, there may be some complications. Despite their similarities, such agreements may result in different outcomes, and disregarding these differences can lead to adverse consequences. In this regard, a Contract of Conciliation offers useful applications and can serve as a reliable solution for compensating losses. However, compensation conciliation requires adherence to the principles governing such contracts. Although legislators sometimes deliberately restrict individuals' autonomy in matters concerning compensation conciliation, in instances where the law remains silent, judicial proceedings are required to address the related issues, shortcomings, and ambiguities. Compensation conciliation holds legal justification as long as it does not abuse the position of the injured party. Therefore, the authors used a descriptive-analytical method to state the problem and substantiate this argument. Moreover, no specifications were considered when investigating the general rules governing compensation conciliation except in cases of public order and mandatory laws.

In many hiring of persons contracts, the hireling delegates the performance of the obligation to a third party. For instance, a contractor who has undertaken a large-scale project may subcontract different sections to specialized subcontractors. Similarly, a surgeon might assemble a team to perform an operation under his/her supervision. The question that arises here is: In cases of delegated obligations, what responsibility does the first hireling bear if the third party causes damage? As a general rule, damage caused by a third party does not create liability for the hireling unless such liability has been explicitly or implicitly stipulated for the hireling. Unlike the laws of other countries, contractual liability arising from the act of a third party cannot be considered a principle in Iranian law. Similar approaches for the liability of the primary hireling in cases of damage caused by a third party can be considered through implied contract terms and governmental decrees.

According to Article 10 of the Law on Organizations and Procedures of the Court of Administrative Justice, the existing reason for the Court of Administrative Justice (CAJ) is to realize accountability, rule of law and judicial control in public institutions, by judicial review on people's complaints and protests against public institutions, officials and assignees. Despite the clarity of the law and the institutionalization of the judicial review of complaints against public institutions in Iran's legal system, complaints against the officials and assignees of the institutions subject to the law are not very common in the procedure of the CAJ and have practically been neglected. Whereas, in many cases, the employees are responsible for illegal acts and decisions of administrative institutions; hence, recognizing personal administrative responsibility can effectively lead to the rule of law and prevent illegal procedures in administrative institutions. In this regard, the current research seeks to identify the forms of complaints against natural persons based on their career position in executive bodies, and for this purpose, examines and analyzes legal texts and also the judicial procedure of the branches of the CAJ. It finally indicates that the full realization of the CAJ's judicial review requires an exact separation between the responsibility of the administration and the responsibility of the employees; For this purpose, it is possible to file a complaint against the employees of public institutions in various forms, including personal responsibility of the employee, breach of statuary duties, and ultra vires in case of authenticating the violation

Libel tourism refers to a situation in which, despite the presence of multiple competent courts, a claimant can file a defamation lawsuit in a country with favorable laws, even when there is minimal connection between the jurisdiction and the claim. This phenomenon raises significant concerns regarding the violation of individual rights, media integrity, and freedom of expression. Consequently, legal systems should take measures to curb the proliferation of this issue by establishing appropriate jurisdictional rules that ensure a sufficient connection between the claim and the court. What type of jurisdictional rule is appropriate for defamation lawsuits? This research employs a descriptive-analytical method, utilizing a comparative approach and library sources. The primary objective of this study is to propose a favorable jurisdictional rule by examining the international jurisdictional regulations of the Iranian and English legal systems, with the aim of preventing the proliferation of libel tourism. The findings of this article indicate that the rules governing Iranian international jurisdiction create opportunities for abuse by defamation claimants, potentially leading to the proliferation of libel tourism in the country. Therefore, it is essential to modify these jurisdictional rules. In contrast, the English legal system has managed to mitigate the emergence of libel tourism to some extent by granting authority to exercise jurisdiction in defamation lawsuits. The results of this research indicate that the jurisdictional rule granting the court the authority to determine its jurisdiction based on the specific issues of each case, and to identify the most suitable venue for hearing the case, is the most effective rule.