A new look at Civil liability of the Indiscerning person(New theory design)

Civil liability law is subject to fluid and fragile rules due to its customary nature. One of the issues that has been changing and changing over time in legal systems is "civil liability of the Indiscerning person". The famous opinion of jurists and lawyers in the law of civil liability, regarding the civil responsibility of the Indiscerning person, is that according to the nature of responsibility, except for the declaratory law-non charging Legal law, the general conditions of duty, such as qualification, puberty, reason, discernment And intention is not a condition for its fulfillment; therefore, the Indiscerning person is responsible in all cases and against his losses, and his lack of adulthood, maturity, reason, purity and intent is not an obstacle to his civil responsibility. Therefore, the inadvertent person is responsible for all damages and incidents, and lack of qualification, puberty, reason, discernment and intention is not an obstacle to his civil responsibility. The application of the rules of destruction and indirect causation and Articles 328 & 1216 Civil code, The documentary is the argument of this comment. In this paper, a new theory, based on the lack of responsibility of the Indiscerning person in some of its examples, is a well-known opinion, critique, and appropriation with a new argument based on the lack of Intent to commit and causation. In this regard, the authors have given the legislator a number of suggestions and recommendations that by law, while respecting the principles of justice, it will be justice and fairness.