The responsible behavior of lawyers in Iran's legal system
Subject Areas : فصلنامه مطالعات میان رشته ای فقه
farideh Asgari
1
,
mostafa namdar pourbengar
2
1 - master student of private law, Abadeh Branch, Islamic Azad University, Abadeh, Iran.
2 - Pourbangar, member of the scientific faculty of Islamic Azad University, Department of Law, Abadeh Branch, Iran. (corresponding author )
Keywords: compensation, Civil liability, Lawyer,
Abstract :
One of the most important legal categories that is linked to responsibility and accountability is the civil responsibility of the lawyer. The need to respect this right is one of the issues that have not been addressed; Therefore, it is necessary to know the basics and areas of civil responsibility of a lawyer. Assuming that the fault is realized by the lawyer and its compensation through the mechanism of civil liability, the discussion of how to compensate, the amount and type of compensation and the person responsible for compensation, etc., arises. Some of these challenges can be answered by referring to the civil liability law of 1339, but the answer to some others requires a comprehensive law in this area so that in case of violation of the client's rights, the lawyers are responsible and required to compensate the damages. The main research question is what is the basis of the civil responsibility of the lawyer. In answer to this question, it can be said that the basis of responsibility in this field is the theory of fault. Therefore, in the light of referring to the general law of civil liability, we can expect compensation for the damage caused by the lawyer's civil liability by writing a comprehensive law, with a comparative approach to the laws of other leading countries in this field, as well as applying self-regulation rules.
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