concept of forbidden act in 1392 punishment code with comparative aprotch to jurisprodence and roman law
smaeil keshavarz safi yi
1
(
Buinzahra Azad university
)
Keywords: forbidenn act, , , , , delict, , , , , fault,
Abstract :
In roman law at first forbidden act (delict) was appeared in the base of breach of duty who perpetrate one of the listed iilegal or forbidden acts or general behavioral standards. In jurisptodnce the act that it,s consequence is breach or trespass to right, will be cause to penalty or remedy. Breach of The right of the people is created with perpetration of forbidden acts .in jurisprudence forbidden acts is synonymous with fault that is divisioned to infringement and lapse from duty and is relayed on breach of injured,s right unlike roman law that is relayed on breach of perpetrator,s duty. In law of iran there are foundamental Contradiction because concept and examples of forbidden act and fault in Civil Act and islimic Punishment Act is inspired by breach of injured,s right in jurisprudence unlike concept of fault in Civil Responsibility Act that is being affected by breach of perpetrator,s duty In roman law. Criteria of being forbidden of acts can be included illegal and Unconventional act