List of Articles ترک فعل

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  1 - Jurisprudential and legal challenges of intentional homicide caused by omission
  Ahmad Beiramian Abasali Akbari
  10.3495/jiil.2023.707918
  Caution in the blood of Muslims is one of the Islamic principles of jurisprudence. This means that the perpetrator of the crime cannot be punished for the slightest reason, especially where the perpetrator does not do a positive act, but the legislator has a different s More

  Caution in the blood of Muslims is one of the Islamic principles of jurisprudence. This means that the perpetrator of the crime cannot be punished for the slightest reason, especially where the perpetrator does not do a positive act, but the legislator has a different story in Article of 295 of the Islamic Penal Code, and if there are circumstances, he can make the perpetrator guilty and attribute the result is assumed to him. This is against the fact that with regard to the omission of actions that lead to the death of the victim, with the mental element of intent, it becomes the crime of intentional homicide, and the punishment for it is qisas, and in conflict with principles such as caution in the blood of Muslims and the rule of Dar' and presumption of Innocence. Some jurists say that something without an object cannot be given an object, therefore, they have rejected the possibility of reference. Among the challenges faced by Article 295 of the Islamic Penal Code, the examination of the method of determining the causal relationship between the omission of the act and the harmful result, which, considering the various fatwas of jurists and the opinions of legal scholars, will make it difficult to establish the causal relationship. There are other challenges in this article that have made this article worthy of attention Manuscript profile
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  2 - Juridical-Logical Analysis of Obligatory- Statutory Provisions in Action Stopping according to Cited Relation
  fazlooah Foroghi Amir Bagherzadehgan Mohammad Mirzaee
  Worldly element of crimes is almost doing by action and the subject is possibility of crime commitment by stopping action in disputing issues between jurists and lawyers and the main disputing point is non originative existential percept(action) from naught percept (sto More

  Worldly element of crimes is almost doing by action and the subject is possibility of crime commitment by stopping action in disputing issues between jurists and lawyers and the main disputing point is non originative existential percept(action) from naught percept (stopping action) and difficult proving of causality relation between criminal results and stopping actions in these cases; With different opinions analysis, this paper is trying to find an empowered opinion in obligatory- statutory provisions of action stopper by jurists and comparing it with the idea of Islamic Republic of Iran. The question is that does crime prove to be true with stopping action in particular conditions? Undoubtedly, action stopper committed crime and deserves to punish; the sentence of him will run after obtaining the cited relation in the conception and causality relation in its specific concept as a standard of guaranty can be run, too. But in proving, the certainty of cited relation is combining with hassle in this situation and yet this subject is not denying the guarantee of him. Manuscript profile
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  3 - An Investigation of Judicial and Legal Principles of Murder Par Omission in the Law of Iran with a Consideration of the Common Law Legal System
  Hmzeh Baygi Harbagh Kumars Kalantari
  10.22034/ijrj.2020.671695
  Most jurisprudents believe that murder by omission gives rise to liability for the doer of the action in case of intent and with the assumption of capability. Jurisprudents have studied murder by omission (failure to act) under different rules of jurisprudence, such as More

  Most jurisprudents believe that murder by omission gives rise to liability for the doer of the action in case of intent and with the assumption of capability. Jurisprudents have studied murder by omission (failure to act) under different rules of jurisprudence, such as the no loss principle, beneficence (Ihsan) and causation (Tasbib). There are, however, different comments on the issue. Despite  developments and changes established in the law of Iran at different legal periods, there was no clear regulation regarding the criminal liability of the person who failed to act (Tarik), until by virtue of paragraph 1 of the unified article the law for the refusal to provide assistance to injured persons and to eliminate the risks of life in 1354, this issue was subject to legislative prediction; on the other hand,  in 2013, pursuant to Article 295 of the Islamic Penal Code of 1392 and according to the present conditions in the aforementioned article, the person who failed to act is held to have criminal liability. In some countries, based on common law, the criminal liability of the person who refuses to act is relatively admitted; in countries under common law, omission is considered as a material element only when there is a legal requirement and responsibility to act and failure to act leads to the commitment of the crime. Manuscript profile
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  4 - The role of Odvan in crimes against persons through indirect cause; Emphasizing the revision of the articles of the Islamic Penal Code
  Hasan Ghasemi moghaddam maryam olia
  10.22034/ijrj.2023.702564
  In crimes against persons through indirect cause, the perpetrator does not directly cause bodily harm. Rather, it provides an instrument to commit a crime. In these crimes, unlike some legal systems that consider fault to be necessary in order to verify the link between More

  In crimes against persons through indirect cause, the perpetrator does not directly cause bodily harm. Rather, it provides an instrument to commit a crime. In these crimes, unlike some legal systems that consider fault to be necessary in order to verify the link between the causal behavior and physical injuries, in Imami jurisprudence, the main criterion is "odvan". "Odvan" can be defined as an illegal behavior by extrapolating the existing partial rulings about the causes of responsibility from jurisprudence books. Hereto two general rules regarding the role of "odvan" in such crimes could be explained. First, the rule of "non-responsibility of the owner in his property except with proof of odvan". Second, the rule of "responsibility of the perpetrator in other than his own property, except by removers of the responsibility". Islamic Penal Code, in the sixth chapter of the Book of Diyat, about the causes of responsibility is satisfied of translating the related issues and rulings from jurisprudence books in the form of partial rulings, and it has not paid attention to the role of odvan in crimes. In this research, an attempt has been made to revise the relevant general rules with the analytical descriptive method and to provide a scientific basis for solving this legal deficiency. Manuscript profile
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  5 - Civil liability for omission of officials due to lack of time.
  mostafa keikha shaghayegh amerian abd-al-reza mohammad hosein zadeh
  10.22034/ijrj.2023.705651
  The warranty due to the lack of time is one of the controversial issues that is raised under the issue of the authorities' omission. The loss of time due to the abandonment of the action has raised the question of whether it is possible to consider the loss of time as a More

  The warranty due to the lack of time is one of the controversial issues that is raised under the issue of the authorities' omission. The loss of time due to the abandonment of the action has raised the question of whether it is possible to consider the loss of time as a type of damage and condemn the abandonment of the action to civil liability. The present research has organized its discussions with the descriptive-analytical method based on the hypothesis that if the omission of officials leads to the death of people, it will be covered by the guarantee of execution. The conclusion of this research is that, although there is no chapter in Iranian law about the omission of officials due to the passing of time, there are examples such as mudaraba, jaala, delay in crisis management and delay without legal and justified reasons in issuing business licenses, and so on. .. It implies the civil responsibility of the officials, leaving the verb. In addition, from a jurisprudential point of view, rules such as non-harmful, wasteful and vindictive, reprimanding the usurper, respecting inalienable property and justice, indicate this type of responsibility. Manuscript profile
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  6 - Explaining the scope of jurisprudential and legal principles of civil liability resulting from the abandonment of the actions of employers and supervising engineers in the implementation of construction operations
  mehdi musazadeh امیر khajehzadeh peyman dadras
  10.30495/alr.2022.1950127.2262
  Abstractامروزه با توجه به رشد روز افزون ساخت و سازها، نهادها و اشخاص مختلفی در مسئولیت مدنی و ترک فعل ناشی از عملیات ساخت، مورد شناسایی قرار می گیرند. مسئولیت مدنی ناشی از ترک فعل، زمانی محقق خواهد شد که ضرر عامدانه ای از سوی اشخاصی همچون کارفرمایان و مهندسین ناظر در اج More

  Abstractامروزه با توجه به رشد روز افزون ساخت و سازها، نهادها و اشخاص مختلفی در مسئولیت مدنی و ترک فعل ناشی از عملیات ساخت، مورد شناسایی قرار می گیرند. مسئولیت مدنی ناشی از ترک فعل، زمانی محقق خواهد شد که ضرر عامدانه ای از سوی اشخاصی همچون کارفرمایان و مهندسین ناظر در اجرای عملیات ساختمانی وارد گردد. اما مسئله مهم آن است که آیا ترک فعل این اشخاص در اجرای عملیات ساختمانی را می توان ضمان آور تلقی نمود یا خیر؟ که پاسخ به این مسئله می تواند در ذیل نظریات حقوقی و قواعد فقهی پاسخ داده شود. اما آنچه که مسلم است امروزه در قوانین و رویه قضائی ایران، مسئولیت آور بودن این اشخاص در عملیات ساختمانی مورد پذیرش قرار گرفته است و در متون فقهی نیز می توان به این امر اشاره داشت. هر چند برخی اصولیون این موضوع را در ذیل نظریه خطر و برخی نیز در ذیل نظریه تقصیر مورد مطالعه قرار داده اند؛ اما در شناسایی مسئولیت مدنی ناشی از ترک فعل در این خصوص، می بایست به نوع تعهد که به صورت قانونی و قراردادی است توجه گردد. از این رو در مقاله پیش رو به روش توصیفی-تحلیلی به بررسی ابعاد پژوهش پرداخته شده است و به عنوان یافته می توان عنوان نمود که مسئولیت مدنی ناشی از ترک فعل از سوی کارفرمایان و مهندسین ناظر در اجرای عملیات ساختمانی در صورتی که ارکان آن محرز باشد از دیدگاه حقوقدانان و فقها ضمان آور است. Manuscript profile
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  7 - مسئولیت مدنی پلیس
  بختیار عباسلو
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  8 - Civil liability of abandoning the legal duties of executive directors from the perspective of Islamic jurisprudence
  mohammad javad maleka ashtiyani saed hsan abadean kalghran alireza asgari
  One of the challenging issues in the field of public rights enforcement is compensation for the damages caused to the people through the omission of government officials. Islamic jurists do not have a clear opinion on this issue, but they have mentioned under the discus More

  One of the challenging issues in the field of public rights enforcement is compensation for the damages caused to the people through the omission of government officials. Islamic jurists do not have a clear opinion on this issue, but they have mentioned under the discussion of "abandonment". Using the descriptive-analytical method, this article seeks to analyze the evidence and elements of civil liability and methods of compensation for damages caused by executive directors' omissions, based on the foundations of Islamic jurisprudence. Following the expressions of Islamic jurisprudence shows that the meaning of "abandonment" is a person's refusal to fulfill the duties and responsibilities assigned to him in a conventional way, which causes the breach of warranty. According to the opinion of famous jurists, abandoning the act according to the duty and obligation causes the civil responsibility of the abandoner. That is, Turki creates a responsibility whose act is possible and obligatory according to the existing contract, law or custom in that field and refraining from it is in the form of omission; Therefore, mere omission does not give rise to civil liability. In case of establishing the elements of civil responsibility due to the omission of the executive managers, the damage can be compensated through methods of compensation, especially objective compensation (financial and legal), equivalent compensation - cash and non-cash (replacement or similar) - from the government in case of collective error or Negligence or demand from the person himself assuming the inability or fault of the executive director. Manuscript profile