Investigating the dominant domain (warning) in the law
Subject Areas : All jurisprudential issues
Parviz
Akbari
1
(Ph.D Student of Jurisprudence and Law, Sciences and Research Branch, Islamic Azad University, Tehran, Iran)
Asghar
Arabian
2
(Assistant Professor, Department of Jurisprudence and Law, Sciences and Research Branch, Islamic Azad University, Tehran, Iran)
Keywords: warning rule, scope of alert, domestic law, foreign law, international law,
Abstract :
The irrational rule (alert) is derived from one of Ali's ('a) judgments, which is mentioned in a narration from Imam Sadiq (AS), "The Height of My Commander Aware," that is, the one who warns against the excusable guarantor. Accordingly, before giving a harmful act, the warner and awareness required to escape the danger, the warner will be exempted from liability if he or she does not care about the arrival of the damage. This jurisprudential rule, which is in fact one of the guilty parties, is proven by rational and convincing reasons that many scholars have investigated. But the basic thrust of this paper is to what extent is the scope and scope of this rule? By reviewing the jurisprudential and legal writings and legal and analytical and descriptive methods and using library tools in order to reveal this scope, we will review the scope of the application of this rule in a variety of domestic and foreign domestic and international obligations.
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