جستجوی مقالات مرتبط با کلیدواژه « مسئولیت مدنی » در نشریات گروه « مدیریت »

In accordance with the progress of the tourism industry in the world, it is necessary to discuss the legal issues related to the tourism industry, especially the issue of civil responsibility. The purpose of this article is research on the challenges of the civil responsibility of tourist guides and the technical director of the tourism services office and a comparative study with French law. The working method in this article was descriptive, analytical and comparative. The method of data collection in this article was a library and the data collection tool was data collection and translation. The comparative method was also used to analyze the data. In the French tourism law, civil responsibility is placed on the shoulders of the tourist service office, and by focusing on the contract between the tourist and the service office, the responsibility of paying any kind of damage caused by the non-fulfillment of the contract is placed on the tourist service office. In France, the tourist guide is not directly responsible for the damage caused to the traveler, and there is no technical manager position as prescribed in Iran, and the technical responsibilities are with the tourism service office. In Iranian law, there is a possibility of establishing the civil responsibility for damage to the tourist on the responsibility of the technical manager and tourist guide, which is considered a legal challenge for these two professions. The result of this research is that the establishment of civil responsibility on the responsibility of the technical manager and tourism guide is one of the legal obstacles to creating value in the supply chain of tourism services. The most important proposal of this research is to remove the position of technical manager and transfer the legal responsibilities of this position to the tourism service office, as well as legislation regarding the direct responsibility of the service office to the tourist and the lack of responsibility of the tourist guide to the tourist, and as a result, creating value in the supply chain of tourism services.

Even now, the corona virus has become a factor in causing damage in the world. In the distant past, human knowledge was not enough to identify pathogens and ways to deal with it, so imposing the burden of responsibility for the transmission of disease to the cause was strange and unreasonable While today, given the relative access of most people in the world to preventive measures and information on ways to prevent the transmission of infectious diseases, the assumption of irresponsibility of carriers of the disease is unreasonable. Ignorance and neglect of health advice not only leads to the development of a dangerous environment, but also constantly imposes direct and consequential losses on others. The cost of treatment, deprivation of daily income and moral damage to those around you are examples of these losses. Given the special circumstances prevailing in the world at present, liability law must be strict on carriers of coronary heart disease.

The management is like the executive arm of a legal person to the extent that the implementation of the decisions made by the board of directors and the limits of their authority can justify and ensure the survival of a legal person and its productive or harmful activities. In Iranian law, the management pillar of non-commercial institutions, such as commercial companies, has not been considered by the legislator in relation to the limits of the managers' responsibilities. While in English law, special attention has been paid to the management element, the limits of their authority and responsibilities. Therefore  comparative study of the Iranian and English law can be effective for the amendment of Iranian law or the creation of legal doctrine. The results of the present research show through a library and analytical-descriptive study method that in Iran's legal system, in cases where the special law or statute does not indicate the position of managers and the extent of their authority and responsibilities, it is useful to apply the attorney law in civil law. In English law, the position of managers in relation to the organization and members is based on a type of contractual representation and in relation to the third parties with good faith, is based on the Organ Theory. In this way, all their actions in front of third parties with good faith are valid unless the bad faith of the third party is proven. But in this case, management is responsible for its actions in front of the organization and members.

In this paper, the discussion about the civil liability of minors and mental patients has been discussed in the form of a comparative study, with the descriptive-analytical research method. And this central question has been answered that basically, what criteria should be used to measure the harmful behavior of minors and people with mental disorders?. A look at the history of civil liability clearly indicates that the law of civil liability has always been at a dilemma  in answering this question: On the one hand, emotional, moral, fairness and substantive justice issues require the determination or modification of the civil  liability of these people, and on the other hand, the final goal of the law of civil liability, i.e. restoring the previous situation and compensating for unjustified losses, complex personal explorations, mental and psychological explorations encountered with serious doubts!. These doubts have caused the legal systems to choose different points of view in this regard: Some have taken the side of the loser and defended the rule of objective criteria in the law of civil liability. And some people are also inclined towards supporting the minor and the insane and have adopted the subjective criterion of fault; Despite this, it seems that we should choose a middle approach and use the " Relative objectivity " criterion as a criterion for evaluating the behavior of minors and patients with mental disorders and based on this, proposed a more flexible and disciplined interpretation of "conventional behavior" in Articles 951 to 953 of the Civil Code.

The purpose of this research is the comparative study of civil liability resulting from the violation of sports contracts in the laws of Iran and England with a view on Islamic jurisprudence. The research method is descriptive-analytical and taken from library sources. In response to the question, what is the civil liability resulting from the violation of sports contracts in Iranian and English law with an approach to Islamic jurisprudence? It was found that athletes in sports clubs, like other legal entities, have rights and obligations, and failure to fulfill these rights and obligations - either contractual or legal - may cause the clubs to be held civilly or legally liable, depending on the case. The legal relationship of the sports clubs with the athletes and coaches is based on the employer-employee relationship and is subject to the labor law, except in special cases such as the regulations and circulars of the relevant federations. Clubs are vicariously responsible for damages caused by athletes and coaches to third parties, including opposing athletes and spectators. The basis of civil liability of sports clubs in Iran's legal system and Islamic jurisprudence and European countries is based on the assumption of fault. The most important duty of sports clubs is to comply with the club's safety obligations, which non-compliance leads to civil or police liability of the respective club.

In legal works and writings, there are two theories with different effects on the basis of insurer liability in the Compulsory Insurance Law of 2016; The first is the theory that interprets the basis of the insurer's liability on the basis of the insurance contract and its subordinate liability;

The main goal in the civil liability system is to compensate the injured party. Thus, by fulfilling the pillars of civil liability (harmful act, loss and causal relationship), the damage caused to the injured party must be compensated. Article 1 of the Civil Liability Law says: "Individuals who cause damage that cause other material or moral damage are responsible for compensating the damage caused by their actions." The primary purpose of the civil liability system is to compensate for the damages suffered by the injured party, and the means must be provided for him/her to compensate for the damages so that his or her condition is restored to the point before the loss. However, following the enactment of the new compulsory insurance law in 2017 in note 3 of article 8 regarding the compensation of motor vehicle accident, the legislator has specified the amount of compensable damages through third party insurance or the culprit of the compensable accident. Therefore, recognizing the basis of the above rule is important. "Financial damages resulting from traffic accidents can only be compensated to the extent of the corresponding damages to the most expensive conventional car through third party insurance or the culprit of the accident." In Note 4, the conventional car is considered to be a car whose price is less than fifty percent of the insurer's physical obligations at the beginning of each year. According to the above rule, if the car belonging to the injured party is expensive and luxurious, all the damages will not be compensated, but the law can only compensate up to half of the bodily damages per year through the injured party and the damaging liability to compensate the damage. It has been restricted in this regard.

This issue has been studied by descriptive-analytical method to identify the principles accepted by the legislator. Thus, the principles of civil liability have been studied in legal doctrine, jurisprudential opinions, judicial procedure and also with regard to comparative law. Existing theories about the possible foundations of the rule have been stated and examined to finally identify the basis accepted by the legislature for such a rule. Because all damages to the victim must be compensated, now the question arises that what effect does the high cost of the car have on the amount of liability for the loss? While the liability 

This issue has been studied by descriptive-analytical method to identify the principles accepted by the legislator. Thus, the principles of civil liability have been studied in legal doctrine, jurisprudential opinions, judicial procedure and also with regard to comparative law. Existing theories about the possible foundations of the rule have been stated and examined to finally identify the basis accepted by the legislature for such a rule. Because all damages to the victim must be compensated, now the question arises that what effect does the high cost of the car have on the amount of liability for the loss? While the liability should have been compensated, regardless of the high cost of damages, all damages to the person.

Prior to the enactment of the above rule, the injured party should have considered all damages to the car, regardless of the type of vehicle and the amount of damage. However, the new law has created a new rule contrary to the previous rules and thus the need to review the principles of the law and analyze why. The limits of such a rule are all the more necessary. Several theories in this regard, including unpredictability of damage to expensive cars by the injured party, damaged action, human rights intervention in fair compensation and the economic basis of compensation (including directing liability to the body insurance and scrapping the premium and expensive car owner) after compensation can be mentioned to justify such a rule. First, the principle of compensation and its violation by the above rule and finally the principles in this regard, including the ability to predict damages, harmed action, the involvement of human rights standards in achieving fair and equitable compensation and finally the economic foundations of such a rule have been examined.

The results of this study indicate that the limitation of liability in this regard due to the observance of the compensatory status in fair and reasonable compensation, as well as justification based on economic perspective and the loss of the owner of expensive cars more than the amount of compensable damage, are the justifying principles of such a rule. However, these seem to be the basics for luxury cars. In the case of cars dedicated to public services, despite being expensive, such a rule of limitation of liability cannot be justified.

Considering the millions of deaths caused by COVID-19, a global question has been raised addressing the feasibility or non-feasibility of the civil responsibility of news media for communicable diseases. It is argued that media, in its conventional form, can use its authority and means to accurately disseminate information on time in order to remarkably reduce the incidence of contagious diseases; however, in case of negligence and default on duty, media has to assume the responsibility of the damages done to the victims. The Iranian and international legal systems abound in legal, yet equivocal, documents that explain the responsibility of news media for communicable diseases. It is essential to shed light on the goals of news media civil responsibility toward communicable diseases on the basis of legal foundations.

Civil liability both against the victim, the cause of the loss the society, has specific goals and functions, which this article identifies the boundaries of civil liability in the form of paying damages, removing the violation of the claimant's rights and preventing It analyzes the existing bases of damage to him in the future. 

The current research is a descriptive-analytical research study that describes the topics by using comparative study methods and using written, oral, electronic documents, legal studies, then collects and categorizes the findings.

Theoretical Framework:

The three conditions for the fulfillment of civil liability are: 1. the damage caused to the claimant, 2. the fault of the person causing the damage. (Responsibility based on fault). 3. causal relationship the theory of compensation for losses is in the light of rules such as the rule of caution, the rule of pride, etc., which is used for the causal relationship between the harmful act and the occurrence of damage.

The only way to respond to and tackle the problems regarding civil responsibility is to stick to the combined deterrence system, which is an effective strategy to highlight the cause of damage in preventing and compensating the damages caused to the victims. This paper seeks to examine the causality establishment and the scope of civil responsibility of news media regarding communicable diseases. It also covers the common basics of civil responsibility in relation to contagious diseases and proves that the traditional basics and foundations fail to explain such responsibility efficiently; as a result, it is necessary to obligate news media on the basis of philosophical fundaments and the development/evolution of civil responsibility rules to find novel solutions to prevent contagion, reduce the incidence of communicable diseases, and redress the damages done.

In this research, the fault caused by the mismanagement of the media in connection with the covid-19 disease has been discussed and investigated, and the cause of the damage must be compensated, one of which is the restoration of the previous situation, and this method is superior to other methods. has a preference. This study is carried out taking into account the principles, basics, and restrictions of civil responsibility authorities. Afterward, it is proved that, in the current situation, the assumption of civil responsibility by the media is the only viable solution for the preventive management of communicable diseases and compensation for the damages.The results of the research show that the relationship of causation is the basic and vital element of civil liability and compulsory guarantee. In the explanation of this relationship, there must be a relationship between the harm caused and the fault of the mystics, in such a way that if it was not the fault (act and omission), then definitely no harm would have occurred. In addition to creating responsibility, the relationship of causation also determines the scope of responsibility.Establishing the relationship of causation, in the case that one cause causes damage, is easy, but considering that social events are related to each other and usually there is more than one cause and cause of damage, therefore determining the person responsible and verifying the relationship of causation is difficult. The difficulty of ascertaining the relationship of causation in the multiplicity of causes has led to the presentation of theories on the part of the experts that we can see the impact of these theories in the laws of Iran, and the most important of them is the theory of conventional and original cause.After proving the relationship of causation by the claimant, the defendant can prove that this relationship is apparent and that the damage was caused by external causes, that these external causes can be unexpected events, the fault of a third party, or the fault of thevictim. Considering that the civil liability depends on establishing the relationship of causation and the relationship of causation is the vital element of compulsory guarantee and non-contractual civil liability, it would have been better for the Iranian legislators to set up regulations in this regard and highlight "the relationship of causation in civil liability".

Trademark infringement is unauthorized utilization of a trademark without collection of permission from trademark holder. Unauthorized utilization of the trademark leads to civil liability for the infringer. What is not clear is the effect of awareness on the unauthorized utilization of the trademark. This dilemma has more confusion on indirect trademark infringement. Civil law on some countries takes liability of the infringer on the awareness. In this study using direct evaluation of internal laws of Iran and United State of America the role of infringer in civil liability after indirect trademark infringement was assessed. Results showed that according to current civil liability laws existance of damage and relationship between damage and infringement is essential for civil liability. In both systems awareness of infringer lead to criminal liability. However for indirect infringer the internal law of Iran is silent in regard to this matter. For this purpose it should be referred to civil law to assess awareness of infringer. Hence, the legislator need to clarify type of civil liability according to basic civil law to not be in contrary with other countries from intellectual property point of view. This new role may inhibit direct interpretation in Iranian courts.

Consumption of goods is sometimes associated with damage to the consumer. This damage may be due to the defect of the manufacturer's knowledge to the factors of damage and its harmfulness. If this defect is pervasive and is not due to the manufacturer's negligence or fault, it has been accepted in some countries as a waiver of civil liability. iranian law has not objected to this discussion; But by examining the principles and rules of law and the necessary conditions in creating civil liability, the defect of human knowledge can be considered as relieving civil liability. There are numerous and at the same time ambiguous legal documents to prove the principle of the government's obligation towards infectious diseases in domestic and international laws and regulations, which should be examined based on them and legal and sometimes philosophical principles. This research is of applied type and descriptive method and the method of collecting information is library.

This paper seeks to explain the liability of the insurer against the reasoned driver of accident provided by the Compulsory Insurance Act of 1395. Therefore, the concept, principles and scope of the insurer's responsibility should be examined in these regards.

descriptive-analytical

The insurer's liability Against the reasoned driver of accident is one of the issues required by law in our insurance law, and our legislator in compulsory motor vehicle insurance Act 1395 has Legalizated it. In this case, the legislator must balance the interests of the insurer and the insured, and therefore less support for the insurance beneficiary in these cases. Therefore, this approach is used to explain the scope of the insurer's responsibility in this regard.

Insurance of liability ofthe reasoned driver of accident was previously optional and was not supported in our law but by the legislator in the Act of 1395, in addition to, making it compulsory, it also stated other terms and conditions of that. The insurer's scope of responsibility in this case is more limited than that in the third-party insurance but also incurs the bodily and physical damage caused by the force majeure. The insurer is responsible for compensation Of The driver at the time of the increase of the Physical damages and end of contract damages, if Occurred at the time of the contract. Payment of damages within the deadline required by the beneficiary And It starts the verdict of the court or the agreement of the parties.

The purpose of this article is to explain the responsibility of employees with the attitude of reducing the costs of leaving their duties. The research is done in terms of collecting information in a documentary way and through books, articles, existing laws and regulations and statements of the Supreme Leader and the information is analyzed in a descriptive-analytical manner. The research findings show In addition to the harmful act of the employees of the Armed Forces, sometimes the omission of the act also causes harm to the persons, and therefore in the harm caused by the omission of the harmful act of the employees, if the omission of the act directly and through fault causes harm to the persons, the employees themselves. Reimbursement of damages to individuals will be required, so if they are not at fault, the relevant organization will be liable for damages, but if his indirect action causes damage, because the basis of liability in this case is the rule of discipline and condition. It is the fault of this rule that if they are not at fault, no responsibility will be placed on those employees. The results show that the authors of the Armed Forces Penal Code are responsible for the owners of objects, including weapons and ammunition and vehicles, military uniforms, documents and event records. ... in Articles 80 to 92 based on intention and fault of the building They have emphasized the issue of punishment and only in Article 85 of the law it is mentioned that it is necessary to compensate. Given the sensitivity of the actions of these employees, it is necessary to enact and enforce laws in this regard, which require them to pay compensation. Employee civil liability is based on the theory of fault, and the criterion for fault is the judgment of the conventional behavior of the professional armed forces officer.

The research aims to examine the concepts associated with the privacy of personal messages, the evolution of legislation, and the review of Iran's regulations on the protection of personal data.

Sustainable oil and gas resources development requires proper managing of environment during their exploration and production, off-shore operations and transportation. The consequence of improper management in oil and gas exploration, development, production and transportation can be leakage of oil and gas in seas, and may lead to damage and therefore liability.
This liability may be brought up in form of prevention, compensation or otherwise, in the form of polluter's civil liability.
Theoretical bases of this liability are the major topics in the petroleum law. This article intends to analyze theoritical bases of this liability in the domestic law and intermational instruments.

Accidents due to driving and being in charge of engine-driven transportation devices have been the most common events in recent years. Policies related to secure disciplines acknowledge that regarding the social nature of man accidents caused by human mistakes are unavoidable. Therefore, in order to make up for human mistakes, it is necessary to pass some laws to secure other elements of driving accidents, such as road and transportation devices. Of course it seems that one of the most important rules effective for administrating justice to people who cause damage from driving accidents, and for decreasing these accidents, is note 3, matter 4 of driving collision rule approved in 1389. According to this note collision experts had to consider deficiencies in road and transportation devices in driving accidents. Also they should declare defects of related organizations in their reports. By doing so those organizations become responsible for their deficiencies. The approach of the new rule is to provide as much protection as possible for people who are harmed by such events. This study has considered changes of civil responsibility in driving collisions with emphasis on new rules for investigating driving violations. The aim of this research is to determine the basics of civil responsibility in driving collisions, especially collisions in which some factors (road and transportation devices) other than human are to blame. This research has been carried out using documentary and library sources to collect required data and information. It means by studying available and related sources, including books, articles, magazines, theses and scientific research, the required information has been compiled. The information and data have then been analyzed by using analytical and descriptive methods. The results indicated that in Iran the responsibility is based on defect theory and sometimes moves towards danger theory. Of course religious jurisprudence laws justify civil responsibility in traffic collisions. At the end some suggestions have been submitted for required new rules of investigation of driving violations after determining described basics.

In current legal systems, the manufacturer who sells a member of the public a defective car is liable for the damages arising from that car. In cases that the car’s defect comprehensively results in financial damages, bodily injuries or deaths, according to civic responsibility cases, the manufacturers are called in to remedy the situation. Civic responsibility encompasses three foundations, which are negligence, breach of warranty and strict liability. According to Iranian laws, the car manufacturer is obliged to fix any defects arising from design, montage, manufacture or transportation of the car, or defects incurred from the routine use of the car during the warranty period. Troubleshooting costs and compensation of damages to customers and third parties during the warranty period is by the manufacturer. These damages may be financial, bodily injury and medical costs arising from the car’s defect, as well as transportation and provision of an alternative car costs; and these are all due from the manufacturer. This paper examines the legal foundations and governing regulations for the legal status of these car defects. A defect constitutes of a fault arising from design, manufacture or lack of appropriate guidance regarding operation of the product. In addition, methods of compensation of damages, settlement of disputes and time lapse have also been examined in this paper.