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Open Access Article
1 - Existence of a condition of knowledge and intent in compensating for the lawsuit
Saeed Farzaneh Ali Abbas Hayati Faramarz BagherAbadiIn case the plaintiff's lawsuit fails, the defendant may have suffered damages such as attorney's fees, expert salary, court costs, etc. in order to win the lawsuit, which has caused such damages to the plaintiff. There have been fights. This study was conducted to inve MoreIn case the plaintiff's lawsuit fails, the defendant may have suffered damages such as attorney's fees, expert salary, court costs, etc. in order to win the lawsuit, which has caused such damages to the plaintiff. There have been fights. This study was conducted to investigate the position of science and intent in compensation for litigation. This research has been done by descriptive-analytical method with the help of fish collection data collection tools. Jurisprudential rules of harmlessness, causation, loss, debauchery and some other rules; List the conditions for liability for damages, the most important of which is fault. The message of these rules is reflected in the Civil Liability Law. Manuscript profile -
Open Access Article
2 - Semantic coherence of "causality" in Arabic contemporary narrative texts. (A Case study of Yusuf Idris's qāʽ al-madina (The Bottom of the City))
Asma Amraei Alireza NazariCoherence relates terminologically in general to the text linguistic and in particular to textuality. De Beaugrande and Dressler in describing positive factors or the features manifesting sum of the sentences as a text point to seven factors of which two factors of mean MoreCoherence relates terminologically in general to the text linguistic and in particular to textuality. De Beaugrande and Dressler in describing positive factors or the features manifesting sum of the sentences as a text point to seven factors of which two factors of meaning coherence and continuity are important in textuality. Connection in semantic level or deep structure is achieved through different Factors, that the causality factor can be the most important of them; Because it is depended to the relationships of text propositions from causative considerations. Causality in addition to the other coherence factors makes higher level structures with the chains of strong relations between small units. The function of these elements are naturally different in in frequency and importance from text to text. the present article investigates important factor of semantic connection, i.e., causality, in a contemporary story, and studies how much enjoys a contemporary narrative text from this factor as well as how it functions through a descriptive- analytic method and an statistical approach. The analysis of frequency shows that causal factor is not so frequent in parts of the story that contains descriptive pauses. But in action-based parts this factor more present and effective presence in different levels of analysis. Manuscript profile -
Open Access Article
3 - The role of fault in causality authentication in the physician's civil liability
FARHAD ESMAEILI Hassan pashazadeh mokhtar Neam rahim vakilzadeIn line with the main approach of other legal institutions for maintaining public discipline, the philosophy of civil liability is also based on compensation and providing the maximum possibility of restoring the situation to the previous state before the loss and final MoreIn line with the main approach of other legal institutions for maintaining public discipline, the philosophy of civil liability is also based on compensation and providing the maximum possibility of restoring the situation to the previous state before the loss and finally achieving the lost discipline. Meeting the mentioned philosophy, the importance of causality relationship has been less considered from the beginning so that it has been thought that proving no fault will remove the defendant’s liability. The difficulty of proving fault caused by the multitude of unknowns in physician’s civil liability claims and lack of familiarity of plaintiff with medical subtleties- as expected - has caused the discussions to focus on the fault and neglect the element of causality relationship. Therefore, this focus has increased the rejected lawsuits of physician’s civil liability and has disturbed the philosophy of physician’s civil liability. The fact is that in the area of the discussed liability, fault is not the only possibility of authentication of causality relationship and it is possible for the physician to be recognized as liable even without committing the fault because of special nature of medicine. It is available in the juridical records and legal texts.This research is theoretical and research methodology is descriptive and analytical and data collection method is library research by referring to the documents, books and papers. Manuscript profile -
Open Access Article
4 - Jurisprudential and legal challenges of intentional homicide caused by omission
Ahmad Beiramian Abasali AkbariCaution 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 MoreCaution 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 -
Open Access Article
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mansour nosrati Esmaeil Saghiri Hassan pashazadeh علی غریبه -
Open Access Article
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عبدالامیر نیسی فرج الله براتی seyyed Jasem pazhuhandeh -
Open Access Article
7 - Juridical-Logical Analysis of Obligatory- Statutory Provisions in Action Stopping according to Cited Relation
fazlooah Foroghi Amir Bagherzadehgan Mohammad MirzaeeWorldly 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 MoreWorldly 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 -
Open Access Article
8 - 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 KalantariMost 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 MoreMost 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 -
Open Access Article
9 - A Study of the Pillars of Actualization of Civil Liability in Cyberspace
Rasool malakootiThe difference in nature of the cyberplace (virtual space) with the real world requires the change of concepts and elements of some legal topics and issues as well as the related terms of the field. Among such issues and topics is the field of civil liability. The actua MoreThe difference in nature of the cyberplace (virtual space) with the real world requires the change of concepts and elements of some legal topics and issues as well as the related terms of the field. Among such issues and topics is the field of civil liability. The actualization and imposition of civil liability is contingent upon existence of three pillars namely imposition of damage, existence of harmful act and existence of causal relationship. Each of the mentioned three pillars carry specific meaning and have specific characteristics in the real world. The purpose of this article is to investigate the necessity of existence and identification of these three pillars in the cyberspace and then try to explain the characteristics and boundary constraints as well as the ways of identification and determination of the same. The result is that the loss in the cyberspace has a narrower definition compared to that of the real world and the ability to predict the type and amount of loss is not a condition for realizing the liability the individual inflicting the loss. Harmful actions in this respect can be realized in the form of the four sources of the civil liability mentioned under Article 307 of the Civil Code. Furthermore, the Causality Relationship in cyberspace will lose its dependance to custom or tradition and the Causality Relationship and its realization and determination will depend on the technical characteristics of the field. In this regard, analysis and focus on the cause of the loss rather than the harmful act will be a better way for proving the causality. Manuscript profile -
Open Access Article
10 - 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 dadrasAbstractامروزه 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 MoreAbstractامروزه 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 -
Open Access Article
11 - نقش تقصیر در مسئولیت مدنی و مقایسه آن با حقوق کامن لا
عیسی امینی سمیرا محمدی نژاد -
Open Access Article
12 - بررسی مسئولیت مدنی سربازان وظیفه ناشی از تیراندازی
محسن بهشتیان مهدی باباجانی افروزی -
Open Access Article
13 - مسئولیت وکیل ناشی از توقیف اموال
جلیل مالکی حمید بذرپاچ -
Open Access Article
14 - The Fault challenging in tort
rasool malakootiThe challenge of the role of fault in liability from the perspective of fegh and Iranian lawAbstractThe most important discussion in liability, both forced and contractual, is about its basis and pillars. This debate is not very old, and in fegh there is no mention of t MoreThe challenge of the role of fault in liability from the perspective of fegh and Iranian lawAbstractThe most important discussion in liability, both forced and contractual, is about its basis and pillars. This debate is not very old, and in fegh there is no mention of the foundations and pillars of liability, but the jurists have clarified the ruling of each issue only by referring to general rules such as harm, loss, attribution and usurpation. Revision of the pillars and foundations of civil responsibility is a purely legal issue that originates from European law and specifically from France. Most of our jurists consider fault as an important (if not exclusive) basis in the fulfillment of the liability and consider fault as one of the three pillars in explaining the elements of responsibility. The discussion of this article is the challenge of the role of fault as the basis or pillar of liability realization in fegh and civil law. It has been proven that from the point of view of fegh and civil law, in forced and contractual liability, fault is neither a basis nor a pillar of liability fulfillment. Rather, the function of the fault is to facilitate the establishment of causation or to create the necessary fulfillment of the liability.Key words: contractual civil liability, fault, causation.. Manuscript profile -
Open Access Article
15 - Reconciliation with the justice of Haqq Psychological determinism and sociological free willinismin Moulana’s view
Hassan JafariTabarThe biggest problem of free will is our anxiety and uncertainty,but the worst drawback of determinism, is irresponsibility. By uniting free will and determinism, Moulana sets forth a theory which he designates Jabbari. According to him Jabbari me MoreThe biggest problem of free will is our anxiety and uncertainty,but the worst drawback of determinism, is irresponsibility. By uniting free will and determinism, Moulana sets forth a theory which he designates Jabbari. According to him Jabbari means the acceptance of determinism from the psychological point of view and acceptance of free will from the sociological point of view; that is to say accept whatever happens sinceit was meant to be hence neither hate yourself nor hate the other, at the same time both accept the responsibility of your conduct consciously and also demand the responsibility of the other. Manuscript profile
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