Principles of Civil Liability for Harassment of Individuals' Financial Rights

Subject Areas : Political and International Researches Quarterly

farzad heidari ¹ , alireza sharifi ² , mohammad molodi ³

1 - PhD Student in Private Law, Faculty of Humanities, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran
2 - Assistant Professor of Law, Faculty of Humanities, Payame Noor University of Saqez, Saqez, Kurdistan, Iran
3 - Assistant Professor, Department of Law, Faculty of Humanities, Bu Ali Sina University, Hamadan, Iran

Received: 2021-09-23 Accepted : 2021-09-23 Published : 2021-11-22

Keywords: Harm, compensation, Civil liability, Harassment,

Abstract :

In principle, the harms of proximity to social life are inseparable and customary unity is tolerable. Property law has tried to regulate neighborhood relations in various ways (easement, neighbors' legal obligations); But if the neighbor's harassment causes harm, the issue of compensation arises. In many cases, no negative intent or misuse in the exercise of the right can be proven. However, on what basis should the damage to the neighbor be compensated? In Islamic law, various principles have been expressed to compensate for losses. Examining the issue in an analytical-descriptive manner, this result has been obtained. In all cases, with customary truth, the attribution of damages to the perpetrator of the loss, based on the No-Loss Rule, must compensate the damage.