Civil Responsibility from Enforcement of Rights in Iranian Law and Imami jurisprudence by a Glance at Qur'anic Doctrines
Subject Areas : Quarterly Sabzevaran Fadakعلی آزادی 1 , علی عباس حیاتی 2 , محمد ملکیان 3
1 -
2 -
3 -
Keywords:
Abstract :
According to the rules of civil responsibility, anyone who harms another, must be able to compensate. But if someone harms another along with administrating justice, is also responsible for the loss? In Islamic jurisprudence, the mentioned issue has been studied under the title of conflict between the no-harm rule and the domination rule and to sum up the theory has been strengthened that the no-harm rule governs the domination rule. In the case rights, the legislature has stated this in Article 40 of the Constitution and Article 132 of the Civil Code; by analyzing law principles it is concluded that if someone takes possession of his right that causes another one trouble and hardship, he is responsible, he would be prohibited of his possession if these seizures are not necessary for him legally.
