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Open Access Article
1 - The role of mass media in improving awareness of civil liability sports
MohammadHossein Mirsoleymani Edris Ghaderpour Masoud Naderian Saeed YariThe main purpose of the present Article is to investigate the role of mass media in improving the awareness of civil liability in sport.The Article in terms of purpose is applied and according to the method of data collection is descriptive-analytic and correlation type MoreThe main purpose of the present Article is to investigate the role of mass media in improving the awareness of civil liability in sport.The Article in terms of purpose is applied and according to the method of data collection is descriptive-analytic and correlation type.The statistical population includes Headquarters of the Ministry of Sports and Youth, officials of the NationalOlympicCommittee and heads of sports federations(90),as well as a number of professors in the field of sports law(15), and Sampling method was also the whole number.And87people participated in this study.The Data collection tool was a researcher-made questionnaire that was designed with emphasis on the opinions of managers and legal and media experts.The validity of the questionnaire was confirmed by7Specialists and the reliability of the questionnaire was0.81using Cronbach's alpha coefficient and confirmed.The data analysis method was also performed using the structural equation model in PLS software, and Friedman test was used to rank the most important media.The results show that the impact of mass media such as audio,visual, print and Internet on the promotion of awareness of the Civil Liability of athletes, coaches, managers, judges and audiences has a positive and significant effect, and these four media can make up75% of the changes in awareness to provide Civil Liability sports. In addition, the results of the ranking also showed that Internet media (websites and social networks) then the media (TV), print media (newspapers, books, etc.) And audio media (radio) were the most important in promoting awareness of Civil Liability. Manuscript profile -
Open Access Article
2 - Legal analysis of the responsibility of cryptocurrency miners and exchanges
asghar khajavi Syed Morteza Ghasem Zadeh Kourosh jafarpourToday, the use of blockchain technology and cryptocurrencies in commercial transactions has raised many legal challenges, and in our country, despite the fact that the mining of cryptocurrencies is permitted by the approval of the Cabinet of Ministers, with the permissi MoreToday, the use of blockchain technology and cryptocurrencies in commercial transactions has raised many legal challenges, and in our country, despite the fact that the mining of cryptocurrencies is permitted by the approval of the Cabinet of Ministers, with the permission of the relevant authorities, an explicit position regarding cryptocurrencies has not yet been taken. Therefore, it seems necessary to identify the contacts and contracts of cryptocurrencies and subsequently formulate appropriate laws. Unlike tax laws, where the obligations and responsibilities of a person who receives cryptocurrencies or profits from transactions with cryptocurrencies are covered by specific laws in many states, in the discussion of civil liability in the field of cryptocurrency relations, there are many contradictions, ambiguities and confusions due to the newness of this The phenomenon is observed.According to the investigation of the nature of smart contracts, cloud mining contracts and the analysis of numerous consumer agreements provided by service providers in the space of cryptocurrencies, the results of this research show that the default rules regarding contractual responsibility in contractual relationships are appropriate and unique in nature. And the complexity of cryptocurrencies whose contract is discussed should not be important for the applicability of civil laws regarding validity, binding and liability issues in cases of violations. In the field of consumer protection, data privacy protection and investor protection law, favorable laws should be enacted. Manuscript profile -
Open Access Article
3 - Compensation of Environmental Damages in the View of Civil Law
Flora Heidari Naser GhasemiThat men need to enjoy the environment health and appropriate and desirable environmental scope in all respects so as to maintain their lives has been long construed by national, transnational and international rules and regulations as one of the undeniable and indisput MoreThat men need to enjoy the environment health and appropriate and desirable environmental scope in all respects so as to maintain their lives has been long construed by national, transnational and international rules and regulations as one of the undeniable and indisputable social and life rights. Civil law is one of the criteria, which underline the necessity of responsibility of conservation of the environment. If men look for the healthy environment, they should then look for techniques that guarantee prevention and Compensation of damages to the environment that undoubtedly, the enjoyment of legal techniques, in general, and the exertion of civil liability, in particular, should be underlined. The acceptance of the civil liability arising from the damages caused to the environment and its various aspects and components as well as the obligation of the perpetrators of such damages to compensate them are deemed as one of the effective legal and supportive actions for this common legacy of the humanity. And with the damage elements being realized, one may demand the compensation of the damages to the environment of their perpetrators through a civil action in addition to the existence of criminal liability. And finally, with this liability and its obligations being accepted, future damages to the environment may be remarkably prevented. Manuscript profile -
Open Access Article
4 - The Nature of Banks' Civil Liability in Skimming According to Jurisprudence
mohammadreza namjouyan seyedmohammadreza emamIn today's world, payments are mostly made through electronic transactions. In these exchanges, it sometimes happens that the funds do not reach the destination, or unauthorized withdrawals are made from the customers' accounts through abuse of card readers. One of the MoreIn today's world, payments are mostly made through electronic transactions. In these exchanges, it sometimes happens that the funds do not reach the destination, or unauthorized withdrawals are made from the customers' accounts through abuse of card readers. One of the issues considered in electronic banking is the growing phenomenon of cyber-attacks in cyberspace. What is certain is that building a secure network and protecting Information Technology infrastructure requires a nationwide effort. Considering the harms caused by such attacks, it is vital to be familiar with the concept of cyber-attacks and the resulting civil liabilities, and the related solutions, levels and tools involved. Banks and credit institutions, if at fault, are liable for damages incurred by the party involved (cardholder). This liability arises from the implicit obligation of the bank in such cases, and in cases resulting from negligence. Thus, the bank is obligated to compensate the customer for the losses and damages, and the burden of proof lies with the bank. In this article, while explaining the subject and specialized terminology, the nature of civil liability of banks based on jurisprudential guidelines has been dealt with. Considering the relationship between this business and professional practice it has been suggested that the legislature defines the limits of the bank's liability and the guarantee of its implementation Manuscript profile -
Open Access Article
5 - Jurisprudential and legal review of public damages
مطلبی گلعذانی Motalebi GalgezaniIn cases where in a complex with multiple stakeholders, heavy damage occurs in the occurrence of honor and by causing less damage, heavy damage can be prevented, the compensation of this damage is less on all stakeholders, which is called joint damage. In this research, MoreIn cases where in a complex with multiple stakeholders, heavy damage occurs in the occurrence of honor and by causing less damage, heavy damage can be prevented, the compensation of this damage is less on all stakeholders, which is called joint damage. In this research, the jurisprudential and legal nature of this type of lawsuit has been studied. This study was conducted to investigate the jurisprudential and legal nature of preventive claims. This research has been done by descriptive-analytical method with the tool of collecting filing materials. In our country, this type of damage is mentioned only in maritime law and is not explicitly mentioned in other similar matters. In Western countries, especially in the French legal system, the principle of joint damages is recognized. Jurisprudential principles based on the rule of no harm and repulsion of corruption, have accepted this rule and all stakeholders share in the compensation according to the extent of their interests. In the current silence of the law, there is a need to recognize this type of damage in all civil matters under Article 167 of the Constitution. Manuscript profile -
Open Access Article
6 - Civil and Criminal Liability of Judges in Violation of Privacy in Iranian and Canadian Law
Ali Rafiei Bakhtiar Abbaslou (corresponding author) Isa AminiToday, the arbitration system in commercial affairs, along with the judicial system, is known as the authority for handling claims in most legal systems. Countries have different approaches regarding responsibility. In some countries, judges are not responsible for comp MoreToday, the arbitration system in commercial affairs, along with the judicial system, is known as the authority for handling claims in most legal systems. Countries have different approaches regarding responsibility. In some countries, judges are not responsible for compensating the damages caused to the parties in an absolute or limited manner. In Iranian law, judges under certain conditions according to Article 171 of the Constitution, if they cause harm to the litigants during the proceedings and the source of the harm is the judge's mistake or negligence, they will not be responsible for compensating the damages. It is obvious that if the cause of the loss is intentional fault combined with the intention or knowledge and awareness of the judge in the loss, the civil liability will be imposed on him without a doubt. All legal systems have confirmed the existence of the contract and the judicial duty of the judge. Failure to perform the duty of arbitration can result in disciplinary, criminal and civil liability, but the legal systems of the world do not agree on the principle of the civil liability of the arbitrator. In the Canadian legal system, a judge enjoys the principle of immunity from civil prosecution in the performance of arbitration duties, just like a government judge, unless he has bad faith or leaves the arbitration without permission. Arbitrations based in Canada are governed primarily by provincial and not federal law. Every Canadian province, except Quebec, has passed legislation to ratify the UNCITRAL Model Law. Additionally, each province has its own laws to regulate domestic trade. In this research, the laws supporting information privacy in Iran and Canada have been compared in a comparative manner, and solutions have been proposed to reduce Iran's gap with global standards in this arena. Manuscript profile -
Open Access Article
7 - Contemplation on the ratio between the obligation to provide the information and no warning
Reyhaneh Hassanpour Asadullah Lotfi Marzieh PilevarThe need for today's society and the need for consumers to be informed of the basic commodity information have led the lawyers to propose a "commitment to provide information in the contract" theory. Based on this theory, the party that is aware of the contract is oblig MoreThe need for today's society and the need for consumers to be informed of the basic commodity information have led the lawyers to propose a "commitment to provide information in the contract" theory. Based on this theory, the party that is aware of the contract is obligated to provide the uninformed party with information about the subject of the contract. Certainly, part of this information is dedicated to the dangers and disadvantages of the correct and incorrect use of the goods; therefore, silence can give rise to the responsibility of the supplier or the manufacturer of the goods, and the provision of information can be taken away as a liability. This concept is akin to the abundance of altruism, since under this rule, any warning and inerrancy results in the elimination of responsibility. Therefore, the main question of the present research can be summarized as follows: the ways of sharing and differentiating the underlying principle and the obligation to provide information. We arrive at the results that there is a general and absolute relation between the inertia and the obligation to provide information. Manuscript profile -
Open Access Article
8 - Consolidating the role of private plaintiff in environmental lawsuits against the government
Rohallah Karimi Abbas Pahlavanzadeh hossein JalaliAlthough today we see the protection and protection of the environment is very important and a manifestation of legal protection for it, but environmental claims in our country have not yet found their separate place. The fifth principle of the constitution and other la MoreAlthough today we see the protection and protection of the environment is very important and a manifestation of legal protection for it, but environmental claims in our country have not yet found their separate place. The fifth principle of the constitution and other laws protecting the environment in the context of their own, but have not been crystallized with the operation of the legal system of liability and litigation support private approach. This research is adorned with up-to-date library resources and in the form of Descriptive-analytical notes and the role of the pen. In line with the present study, it is intended to discuss the claims of private individuals and therefore we want to explain the current situation of the position of private litigants in environmental lawsuits by answering the question "What is the power of private individuals to claim and sue in accordance with the legal framework?" With this description, in this study, by explaining the position of the private plaintiff, the compensation frameworks as well as the role of the competent authorities in resolving the dispute have been examined and the private stakeholder as a plaintiff can file a lawsuit against the government. Manuscript profile -
Open Access Article
9 - Civil Liability Sanctions about Environmental Pollution in Iran and US Law
Babak Sadeghi alireza lotfi doudaran Mozaffar BashokouhThe legal confrontation with environmental pollution and the many and various losses resulting from it, which endangers human life in the present generation and future generations, requires appropriate and efficient legal enforcement guarantees. Civil Liability, as a br MoreThe legal confrontation with environmental pollution and the many and various losses resulting from it, which endangers human life in the present generation and future generations, requires appropriate and efficient legal enforcement guarantees. Civil Liability, as a branch of legal science, has provided valuable executive guarantees in this field, which has a preventive and compensatory role. The purpose of choosing the topic of this article is to introduce and review and complete the executive guarantees of civil liability caused by environmental pollution in Iran and US law. According to the studies conducted in this research, the executive guarantees of civil liability in US law are more complete than the legal executive guarantees of Iran, because punitive damages, joint and several liability and referendum have been accepted in US law. But even the executive guarantees of US law also have shortcomings that the authors have pointed out, and by theorizing and examining the issues of this area, the authors have created new executive guarantees, such as the cancellation of contracts that pollute the environment and the return of property. It has also presented the results obtained from the polluting activities in order to provide better means of compensation and prevention of the losses caused by environmental pollution. Manuscript profile -
Open Access Article
10 - Civil Liability Regime for Environmental Damage
Maryam Afshari Sobhan Tayebi Roholla KarimiPurpose context: Nowadays, the position of environmental protection is considered as an important and desirable matter. This issue becomes important to the extent that legal indicators are considered for it. The explanation and discussion of civil responsibility and the MorePurpose context: Nowadays, the position of environmental protection is considered as an important and desirable matter. This issue becomes important to the extent that legal indicators are considered for it. The explanation and discussion of civil responsibility and the recognition of rightness and wrongness and the selection of each of its topics, including the theory of fault or risk, as well as citing jurisprudential theories such as harm, are among the important matters investigated in this structure. The purpose of this research is to examine environmental issues within the framework of civil responsibility and the procedure of instruments and responsibility as well as the existing legal regime. This research seeks to present and analyze the theoretical foundations of the necessity of civil responsibility evolution due to environmental destruction using the sources and foundations available in the theories of civil responsibility with a view to the existing legal regime. Research method: The present research was written based on library studies, descriptive and analytical method, and based on review findings. Findings: The weakness of civil liability rights guarantees and the inadequacy of administrative measures strengthen the aforementioned necessity, however, the application of civil liability rights to protect the environment requires consideration of requirements that cannot be considered without paying attention to them. The rights were hopeful. Discussion and conclusion: In this research, an attempt has been made to show why civil responsibility in the field of environmental damage needs to evolve, especially based on jurisprudence and legal doctrines. The most important achievement of this research is to recognize those theories of civil responsibility for environmental protection from the point of view of jurisprudence and law, which are compatible with the fundamental philosophy of maximum environmental protection. Manuscript profile -
Open Access Article
11 - Analyzing the Mechanisms of Civil Liability for Compensating Environmental Damages
Hossein jalaliPhysical, material, and moral damages incurred by a person following the occurrence of environmental damages make provisioning and implementing a proper civil liability system a necessity more than ever before. Although, there are lots of literature on the subject matte MorePhysical, material, and moral damages incurred by a person following the occurrence of environmental damages make provisioning and implementing a proper civil liability system a necessity more than ever before. Although, there are lots of literature on the subject matter, it is essential to explore the relationship between the two subjects of “civil liability” and “environmental protection” to analyze the mechanisms of the former in determining the compensation of damages incurred by the latter. This is a descriptive-analytic research using library and note-taking and by referring to laws and regulations and literature. The findings showed that due to the failure of mechanisms of offense-based civil liabilities in compensating environmental damages, it can be beneficial to use strict civil liability based mechanisms, environmental responsibilities, insurance, and environmental damages fund. However, the approach of international environmental law in this field is to humanize the category of environment. Lack of mandatory environmental responsibilities for polluting businesses and lack of regulations on environmental damages fund are the most important challenges for a civil liability system in Iran to be effective in compensating for environmental damages. Manuscript profile -
Open Access Article
12 - Civil liability of judges and the basis of Quran and traditions
Amanullah Alimoradi Seyyed Jalaluddin al- Taha MakkiDespite the conditions and strict regulations governing verdicts issued by judges, there is the possibility of mistakes, misunderstanding and errors from them and subsequently causing damages to the parties. The personal responsibility of judges has been expressed in pr MoreDespite the conditions and strict regulations governing verdicts issued by judges, there is the possibility of mistakes, misunderstanding and errors from them and subsequently causing damages to the parties. The personal responsibility of judges has been expressed in principle 171 of Iranian Constitution and in other laws such as Article 58 of the Islamic penal code. If the judge, who caused damages by its wrong judgment, is at fault, he has the personal responsibility for damages, and recovery for damages against him can be claimed through the disciplinary court of Judges. But if there is no fault on behalf of the judge, the responsibility for damages is on the government. This article is mainly concerns with base and origin of the responsibility of judges in case of erroneous judgments in Quran and tradition. Furthermore the various types of damages arisen from a mistaken judgment and the legal procedure for recovery of damages shall be studied. Manuscript profile -
Open Access Article
13 - Investigating the Principle of Compensation from the Perspective of Quran, Imami Jurisprudence and Iranian Law
Fatemeh Negahdari Nasir Mashayekh Gandas KolaiIn Iranian law, the issue of compensable damages is one of the most controversial issues in civil liability law and various opinions have been presented in this regard. These issues and disagreements have found new dimensions, especially with the victory of the Islamic MoreIn Iranian law, the issue of compensable damages is one of the most controversial issues in civil liability law and various opinions have been presented in this regard. These issues and disagreements have found new dimensions, especially with the victory of the Islamic Revolution and the jurisprudential approach to law. In our law, there are two general methods and views on compensable damages: On the other hand, most Imami jurists, without devoting an independent discussion to this category and establishing general rules in this regard, are exposed to the issue of compensable damages in various jurisprudential discussions and have raised issues in every position; In contrast, many new Iranian jurists who, despite using and paying attention to jurisprudential principles and jurisprudential issues, use a new method in legal discussions, in the manner of French jurists, they discuss the general compensable damages in civil liability law and under the chapter of the pillars of liability, they have dealt with the issue of harm and expressing the issues surrounding it. Manuscript profile -
Open Access Article
14 - Civil liability arising from the implementation of the Law extermination keep users
ali noorani سید مهدی میرداداشی ابراهیم دلشاد معارفBased on increase of changing the garden and agricultural land usage of country and the decision of government to counter fronting this issue and protecting the usage of agricultural lands for substantial development, and based on law, the agricultural (Jahad-Keshavarzi MoreBased on increase of changing the garden and agricultural land usage of country and the decision of government to counter fronting this issue and protecting the usage of agricultural lands for substantial development, and based on law, the agricultural (Jahad-Keshavarzi) organization of provinces is chosen as the responsible of this important issue.Since the implementation of tin and cut illegal land use changes Mtabqtbsrh 2 Article 10 of the said law, Rasavbdvn judicial sentence carried out (by the authority of law)In most cases because the damage done by mechanical devices Inevitably brings damage. The purpose of this studyExplaining the government's civil liability Or his staffIn the lawBased on jurisprudence and legal rules whichIt looks at whereGovernment employee on purpose or gross errorThe damage caused to othersIs responsibleOtherwiseIn the case of State responsibilityAnd in most casesaccording toWarningruleThe government will have no liability. Manuscript profile -
Open Access Article
15 - The damages of debt payment delay resulting from civil liability
Ali Azizi ebrahim delshad maaref Mahdi MirdadashiThis thesis applies an attempt to find out whether the damages of payment delay include debts resulting from civil responsibility with the article 522 Gh. A. D.M. In this regard, we faced to two basic questions and tried to have persuasive answers to them. Some believe MoreThis thesis applies an attempt to find out whether the damages of payment delay include debts resulting from civil responsibility with the article 522 Gh. A. D.M. In this regard, we faced to two basic questions and tried to have persuasive answers to them. Some believe that the damages of payment delay belong to debts resulting from civil responsibility because debt should be paid in all situations and there should be no distinction. According to the principle of the full compensation for damages in civil liability, the damages of debt payment delay resulting from civil liability can be claimable. Others consider the claim of such damages undue. Among these two points of views, it can be believed that the damages of payment delay include debts resulting from civil liability. However, the beginning of payment delay estimation is not the time of damages occurrence, but it is the time of issuing court judgment that has acquired the conditions of civil liability implementation. Manuscript profile -
Open Access Article
16 - The role of the rule of loss in proving civil responsibility of the state
mohammad daneshnahad abolfazl alishahiThe "wasting" rule is one of the basic rules of civil responsibility in the state, which in some circumstances is the guarantor of the state, and in some other cases the state is not responsible and the person concerned, whether it is a state official or other persons w MoreThe "wasting" rule is one of the basic rules of civil responsibility in the state, which in some circumstances is the guarantor of the state, and in some other cases the state is not responsible and the person concerned, whether it is a state official or other persons who have worked in the realization of the concept of source wasting, Guarantors. In this research, based on jurisprudential issues and considering the role of this rule in the laws, the position of the principle of loss in the civil responsibility of the state has been addressed, such as the loss of state property, the wasting of the property of the people, the loss caused by non-enforcement of law, the resulting loss The implementation of the false rules and losses caused by the commission in the government guarantee has been investigated and criticized. One of the results of the research is that if a government official misidentified the government, he will be the guarantor of compensation, and if the loss is not the same, the state will be the guarantor of the compensation; if the municipal officials, with the permission and observance of the points Safety, loss, will not be guarantor; otherwise, the guarantor will incur damages; in the implementation of false rules, if the implementers of these policies are aware of its detriment, should partly compensate for the damage, and the other part by the government, As one of the factors causing damage, Manuscript profile -
Open Access Article
17 - A Comparative Study of Civil Liability for Sporting Accidents (Based on Fault) between Iranian and Common Law
Meghdad Mahmoodi Alami Vahid Shojaei Mohammad Hami Mohammad SanaeiIn private law, it is very important to define the basis of civil liability. As Stark puts it, it is no exaggeration to say that civil liability is the most important thing in private law. In civil liability, it is said that no one should harm another and no harm should MoreIn private law, it is very important to define the basis of civil liability. As Stark puts it, it is no exaggeration to say that civil liability is the most important thing in private law. In civil liability, it is said that no one should harm another and no harm should be left without compensation. The rules of civil liability are so flexible in some cases that they pass by some damages without compensation. In other words, some activities, the most prominent of which are sports activities, on the one hand, cause harms, and on the other hand, have found so much social, spiritual and material value that they force the rules of responsibility to comply with their rights. Civil liability, which demands compensation for all damages, should give up its slogan.Injured consent was initially considered a complete defense in the Commonwealth. Violence and injury are unintended consequences of the increasing spread of sport. An important part of the losses and injuries are related to sports operations (games and sports competitions). This research seeks to examine the responsibility of athletes in sporting events and to determine the circumstances in which a person is held responsible. The role of fault in sports accidents in Iranian and common law is also examined. In common Law when a person does the job carelessly and the result is harm to another according to the law, the offender is responsible for any damage she has caused. Determining the basis of liability and the athlete responsible for injury in sports accidents is an important issue in civil liability. In fact, civil liability seeks to restore the right to the victim and leave no harm without compensation. To identify the person responsible for sports accidents, one must refer to two important features of sports activities, namely, the doctrine of inherent dangers and the doctrine of risk acceptance. The principle of inherent risk and acceptance of risk is also accepted in our law and the ability to cite is considered a criterion of responsibility, but this criterion does not negate the principle of fault and fault is at the heart of this concept of citation. Manuscript profile -
Open Access Article
18 - A Comparative Study of US, EU, and Iran Legal Approaches to Anti-Competitive Civil Liability
majid khalilpourgorgani javad niknejad behnam ghanbarporIn a free market economy, competitive rules are determined by the market itself. Competition causes the producer to improve the quality of the product, the consumer to provide it with the most suitable conditions. However, there are vertical and horizontal anti-competit MoreIn a free market economy, competitive rules are determined by the market itself. Competition causes the producer to improve the quality of the product, the consumer to provide it with the most suitable conditions. However, there are vertical and horizontal anti-competitive practices that are detrimental to this competition. The main question of the present study is what legal approaches at the level of the United States, the European Union and Iran to civil liability arising from anti-competitive practices? In the United States, there is currently a more legal approach to civil liability arising from vertical agreements. It is horizontally focused, while the European Union has the opposite position. Iran's legal approach can be considered as an intermediate approach according to the jurisprudential rules as well as the prevailing laws such as civil law. Manuscript profile -
Open Access Article
19 - Guarantee Arising from Conducting Transactions Based on Confidential Information in the Stock Exchange
Shervin Zahedmanesh Alireza Rajabzadeh Estahbani Mohammad SadeghiConsidering the last part of Article 52 of the Securities Market Law of the Islamic Republic of Iran, as well as the existence of general rules and principles that exist regarding the necessity of acquiring property through religious and moral means, in principle, civil MoreConsidering the last part of Article 52 of the Securities Market Law of the Islamic Republic of Iran, as well as the existence of general rules and principles that exist regarding the necessity of acquiring property through religious and moral means, in principle, civil liability using confidential information does not seem doubtful, However, the principles of civil liability for damages in such an assumption are challenging and require careful discussion; Because the existence of civil liability requires proof of its basis. Rules such as the sanctity of false property in jurisprudence and the prohibition of unjustified possession in the law in question are the foundations that can be examined to prove the guarantee of persons who make a transaction based on such information. As a result, the cause that adds to the assets of the person using the confidential information is not legitimate, and such money must be returned according to the law and custom. Manuscript profile -
Open Access Article
20 - Principles of Civil Liability for Harassment of Individuals' Financial Rights
farzad heidari alireza sharifi mohammad molodiIn 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 is MoreIn 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. Manuscript profile -
Open Access Article
21 - Investigating the Fundamentals and Dimensions of juridical , Legal Responsibility in Sport
Jafar Moazen_ Raziyan Elahe Medadi _Nansa Ebrahim HamzehzadehLaw science deals with all aspects of human life. Increasing the legal awareness of the sports community in order to prevent the occurrence of sports incidents. Sports rights are defined as the set of materials that clarify the legal duties and responsibilities of all t MoreLaw science deals with all aspects of human life. Increasing the legal awareness of the sports community in order to prevent the occurrence of sports incidents. Sports rights are defined as the set of materials that clarify the legal duties and responsibilities of all those involved in sports activities. In this article, in addition to the jurisprudential office, the legal in order to prevent and sport by raising the legal awareness of the sports community and informing the society about the legal consequences of the violations in the field through familiarity with the laws and jurisprudential laws Gets According to the laws of Iran and jurisprudence, in sporting activities, there will be no criminal liability with respect to related laws, but there is no reason to remove civil liability from such a person, but if there are civil liability elements in him, according to the materials contained in his civil liability law Will be responsible. In the event that the athlete's mistakes are triggered and the assailant is forced to pay the Diyah, civil and criminal liability will be mixed. Many lawyers, paragraph E, also consider Article 158 of the Islamic Penal Code of 1392 civil liability. The results of this paper have been obtained by using the documentary method and also by collecting information from the library method and studying the jurisprudential and legal texts and the regulations of the sports federations and some rules such as the legislator's permit, the act of giving and the principle of vindication. Manuscript profile -
Open Access Article
22 - Civil liability in competition law and intellectual property law in Islamic law and the European Union
yahya mirzamohammadi fard garakhanlou naser masuodi مصطفی نوراللهیDue to the many formal and substantive differences in competition law and its consequent impact on intellectual property, it has been very difficult to achieve international coordination in this area. In today's civil liability systems, pure and proxy responsibilities a MoreDue to the many formal and substantive differences in competition law and its consequent impact on intellectual property, it has been very difficult to achieve international coordination in this area. In today's civil liability systems, pure and proxy responsibilities are increasing day by day, while such a responsibility does not have much deterrent effect, because in pure liability, a person who is cautious may still be held responsible, and in proxy liability, such as The fault is committed by another person, the person in charge, no matter how careful, can not prevent the damage. Personal responsibility is also based on objective guilt in many cases, they can not help prevention. The Civil Liability Law in 1339, by inserting Article 8, declared any damage to the dignity and credibility of individuals to be claimable. In 1983, the Law on Penalties for Conspiracy and Fraud in Business and Commerce allocated Articles 120 to 125 to this issue. With the approval of the section on punishments and deterrents to the Islamic Penal Code in 1375, only Articles 529 and 530 have been mentioned regarding forgery. EU law also provides for civil liability in competition law and intellectual property rights, and provides for remedial action for damages resulting from errors and omissions. This article seeks to examine the issue of civil liability in competition law and intellectual property law in Islamic law and the European Union in a descriptive-analytical manner. Manuscript profile -
Open Access Article
23 - A Legal and Jurisprudential Perspective on the Challenge of Financial Compensation for Spiritual Damage in Courts
فاطمه السادت حسینی Mahmoud Ghaumzadeh Mohamm RahbarPourIslam,like every ideological or belief system is based on a philosophy, the entirety of which,from its existence to its general perspective to human, society, and the world beyond, indicates the specific intellectual system of the adherents of that school. Besides, law, MoreIslam,like every ideological or belief system is based on a philosophy, the entirety of which,from its existence to its general perspective to human, society, and the world beyond, indicates the specific intellectual system of the adherents of that school. Besides, law, due to its own philosophy,has a particular attitude toward the element of loss in human relations, since it is a source of violation of the rights of individuals and society.Thus, what we aim to say in the field of legislation and Tashri'(Islamic legislation), in the first place, is that in case of damage, if the divine legislator(God)does not establish a rule,it cannot be inferred that the issue is out of the domain of the legal system, because the lack of guarantee in compensation for spiritual damage causes the aggrieved party to suffer loss, and therefore,the no-harm rule will deny the lack of guarantee. However, rational unconsciousness holds that there is a guarantee and the damaging party will, in general, be liable to pay compensation.In this paper, with an approach to the no-harm rule, we attempt to study the way of its practical application in the face Manuscript profile -
Open Access Article
24 - A Comparative Study on the Theoretical Foundations, Objectives and Practices of Compensation in Civil Liability; in Iranian, French and British Laws
Ahmad Mirzaei Garmi Alireza Lotfi Dodaran Mozaffar BashokouhThe most important purpose of civil liability is compensation, but examining the theoretical underpinnings of compensation is the introduction to the discussion of compensation for loss. However, the principle of bindingness for compensation, as one of the fundamental p MoreThe most important purpose of civil liability is compensation, but examining the theoretical underpinnings of compensation is the introduction to the discussion of compensation for loss. However, the principle of bindingness for compensation, as one of the fundamental principles of civil liability law, has been accepted in Iranian law by some jurists and legal systems, including France and the United Kingdom. However, each of the aforementioned legal systems has adopted different approaches to achieving such a goal. On the contrary, the Iranian legislator did not have a clever and systematic view of civil liability and its objectives, and has not established a coherent system, so that neither the conventional theories nor the judicial procedures in Iranian civil liability law are in line with nature of compensation. Therefore, in this article, in a descriptive-analytical and comparative approach, theoretical foundations, goals and methods of compensation are reviewed, to help establishing a proper civil liability system and remedy legal gaps in the proper implementation of the provisions on compensation in Iranian legal system. Manuscript profile -
Open Access Article
25 - Jurisprudence and Legal Investigation non- government liability for acts of authority
yaser rezaee Ali asghar HadidiAbstractNon-Government liability for acts of authority that result of article 11of civil liability low is a jurisprudential and legal topic. Non- government liability results in overthrow of right of ordinary citizen, so this paper tries to explain and criticize law of MoreAbstractNon-Government liability for acts of authority that result of article 11of civil liability low is a jurisprudential and legal topic. Non- government liability results in overthrow of right of ordinary citizen, so this paper tries to explain and criticize law of Iran's Non- government liability for acts of authority. It has observed that this topic has history and jurisprudential and legal aspect. According to history point, Non- government liability for acts of authority is unacceptable because base of it is abolished. . According to legal point, Government’s Immunity from responsibility conflicts with some other Iranian laws and leads to i Manuscript profile -
Open Access Article
26 - Insurability of the loss Cossed by the State of the Art from the perspective of Islamic law and jurisprudence
Hadi Aghapour hosein bieghi mokhtar NeamAbstractThe emergence of new and emerging risks and the resulting damages caused by these risks have made the insurance industry face various challenges. One of these existing risks that is unknown and covers a wide range of issues is the risk of the development of scie MoreAbstractThe emergence of new and emerging risks and the resulting damages caused by these risks have made the insurance industry face various challenges. One of these existing risks that is unknown and covers a wide range of issues is the risk of the development of science and technology as possible. In the field of production and supply of goods, there are risks that the current human knowledge is unable to recognize, but with the progress of science, the defects and dangers of the said goods can be discovered, these risks cause huge and sometimes irreparable financial and physical losses due to Failure to predict such risks in Iran's legal system has practically kept the method of compensating the mentioned damages silent and is part of the challenging issues in the field of civil liability, which is appropriate for the legislature to include the damages caused by development risks under insurance coverage.Therefore, the current research aims to support production and knowledge-based companies and restore the economic system and by using the experiences of other existing legal systems in the field of covering damages caused by the described risks in an analytical and descriptive manner using library tools and relying on applications. And jurisprudential generality and the use of legal capacities intend to emphasize the insurability of damages caused by the risk of science and technology development. Manuscript profile -
Open Access Article
27 - Jurisprudential-legal review of the responsibility of sports coaches with an emphasis on martial sports coaches
Reza Noori Ali Chahcandi mohammad razaviExercise is one of the effective educational and moral ways, especially for young people. Exercise strengthens and excels human beings both physically and mentally. Politically and socially, victory in sports fields and campaigns is a useful way to propagate and prove n MoreExercise is one of the effective educational and moral ways, especially for young people. Exercise strengthens and excels human beings both physically and mentally. Politically and socially, victory in sports fields and campaigns is a useful way to propagate and prove national credibility. With the increasing number of sports operations and the widespread acceptance of sports by people and, consequently, the increase in the rate of injuries during sports, the issue of civil liability in sports is emerging. Among these, martial arts are different from other sports in terms of causing physical injuries due to the many physical conflicts that they have during exercise. The research method in this research is descriptive-analytical, which has been done mainly by using first-hand research sources and reading jurisprudential-legal sources. Martial arts coaches have responsibilities for performing their duties in the field of sports, if they do If their duties are neglected, they will have civil liability, which may be due to the coach's act or omission. The responsibility of a martial arts instructor is the instructor's obligation to compensate the damage caused to another as a result of his or her act or omission. The purpose of this study is to identify the factors that directly cause the responsibility of martial arts instructors. Therefore, by defining the duties of coaches, the scope and scope of these responsibilities will be determined. Manuscript profile -
Open Access Article
28 - 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
29 - Relation between Permission and Civil Liability
mohammad hadi mahdaviThere is an important issue in legal and jurisprudence discussions: Does possession of others' property permitted by the owner, with no voluntary waste, also brings about civil liability? Or does owner's permission remove liability? From the purport of some jurists' sta MoreThere is an important issue in legal and jurisprudence discussions: Does possession of others' property permitted by the owner, with no voluntary waste, also brings about civil liability? Or does owner's permission remove liability? From the purport of some jurists' statements, it is implied that possession of others' property permitted by the owner does not bring about civil liability. Some other jurists have also stipulated that permitted possession enjoys a fiduciary nature. On the other hand, from the statements of some jurists in some cases, it is inferred that possession of permitted property brings about civil liability. In permitted possession, although the possessor possesses a property with owner's permission, he will be liable for it. Jurists' statements in terms of the fact that whether or not owner's permission negates civil liability is not thus much clear and self-descriptive. They differ in different situations and implications. In this research, types of (absolute, trust, liability) permission were dealt with and this result was obtained that absolute permission does not negate liability. Therefore, those who believe that absolute permission brings about trust possession or removes possessor's civil liability are not right. Yet, if possession is free of charge, with no compensation, the permission will not be liable. On the other hand, is has been reviewed that if permission is granted in trust, this type of permission will cause possessor's removal of civil liability and trust possession, whether this permission is granted in the form of determinate or indeterminate contracts. Manuscript profile -
Open Access Article
30 - The Sanction for Breach of Contractual Obligations in Detriment of Third Parties
Reza Fotohi Rad Seyyed Mohammad Ghaboli Saeed MohseniAccording to the principle of privity of contract and that the contract does not establish any right or obligation with respect to third parties except in exceptional cases, this question arises that if breach of contractual obligation result in damages to the third par MoreAccording to the principle of privity of contract and that the contract does not establish any right or obligation with respect to third parties except in exceptional cases, this question arises that if breach of contractual obligation result in damages to the third parties what action or actions they can to do to prevent the losses or to claim compensation of damages? This study after analysis of different aspects about this issue, has achieved to this consequence that in cases that the sole solution for the prevention of damages to the third parties is binding the promisor to specific performance of contract, using such solution by the third party does not face any barrier. Moreover, in the case of occurrence of damages to the third party, he/she can exploit some rules such as deception and causation to claim the damages from the promisor. Manuscript profile -
Open Access Article
31 - The Kind of Responsibility and Consequences of the Nullity of Commutative Contracts
Behzad Pourseyyed Mostafa Shafizadeh Mohammad SadeghiA discussion of sanctions relates to nonconformity with authenticity conditions of contracts called encounter such as invalidity and corruption. Basically, if the contract follows without substantive terms and such form conditions prescribed to be valid, it will be inva MoreA discussion of sanctions relates to nonconformity with authenticity conditions of contracts called encounter such as invalidity and corruption. Basically, if the contract follows without substantive terms and such form conditions prescribed to be valid, it will be invalid and respectively has no implication to this contract and subsequent enforcement has no effect. This study aims to review the concept of invalidity in Imamieh jurisprudence, Iranian law and the impact of these sanctions on swap contracts. Based on the concept of invalidity and responsibility arising from swap contracts, it can be concluded that with regard to the use of related concept between “invalidity” and “corruption”, we cannot cite compensation as a result of the invalidity of swap contracts, because there is no agreement to be regarded that person as person is liable. Manuscript profile -
Open Access Article
32 - Fundamentals of Civil Liability of Government Financial Affairs according to Relative Jurisprudence and Law
Mohammad Adibi Mehr Eynollah SotaniThere are two well-known theories regarding the basis of civil liability presented by experts fault theory and risk theory. However these theories have problems preventing them from being responsive to today complicated relations. There are Hadiths and narratives in jur MoreThere are two well-known theories regarding the basis of civil liability presented by experts fault theory and risk theory. However these theories have problems preventing them from being responsive to today complicated relations. There are Hadiths and narratives in jurisprudence identifying the foundations of government civil liabilities, the most important of which is no-harm principle. In law, including constitution as well as other rules, there are principles and articles dealing with governmental civil liabilities. However, these articles recognize governmental civil liabilities merely in special cases. In the present study, first the general foundations of civil liabilities are studied; then the legal and jurisprudential principles of civil liabilities in financial affairs of the government are investigated. Finally, some considerable suggestions are presented in this regard indicating government failure in financial affairs; hence the government should take legal and official arrangements, so that no legal and real entities are harmed. Manuscript profile -
Open Access Article
33 - Civil Liability of Concise Cause of Medical Team in Iran's and England's law
Ali Ravanan Seyyed Mehdi Mir Dadashi Mohammad Sadeghi Ebrahim Delshad MaarefMedical team of concise cause is among the most difficult issues of jurisprudence. Legal causation relationship is of high significance and there is no clear and certain answer according to that in law systems. In Iran law, there is a special attention towards scientifi MoreMedical team of concise cause is among the most difficult issues of jurisprudence. Legal causation relationship is of high significance and there is no clear and certain answer according to that in law systems. In Iran law, there is a special attention towards scientific regulations of choice, paying to treasure, drawing rule, justice and fair rule and liability distribution and in England law, there is attention towards some theories like the rule of all or nothing and financial cooperation, damage and harm risk, simultaneous causation and extensive corporate responsibility. Concise cause in England law is of relative liability and proving the subject is of high significance. The governor proceeds to develop rules according to intrinsic and transverse regulations of law using Islamic law so that the task of courts is defined. Manuscript profile -
Open Access Article
34 - Civil responsibility of the owner of a ground motor vehicle in Iranian law and the teachings of Islamic jurisprudence with a comparative approach in common law.
mohammad sadegh hafezi ghahestani shokrollah nikvand abdol-ali mohammadi jozaniWith emergence of vehicles, one of the essential needs of humankind was met and an important step was taken in the field of speeding up the transportation of people and goods. Along with all developments, the vehicle still has a special position in transportation, but a MoreWith emergence of vehicles, one of the essential needs of humankind was met and an important step was taken in the field of speeding up the transportation of people and goods. Along with all developments, the vehicle still has a special position in transportation, but at the same time, the damages caused by vehicle accidents and its compensation are always considered in different countries so that the annual statistics of damages caused by vehicles are more than any other factors. Accordingly, the necessity of having regulations that easily guarantee the rights of the victim is felt more than before. The civil liability of the owner is always raised in emergence of the damages caused by these incidents. Contrary to Iranian law, except for the provisions of the Compulsory Insurance Law approved in 2016 that seems the responsibility of the owner is subject to the general rules of civil liability, the responsibility of the owner is determined in the laws of the common law countries in such a way that the damages caused by vehicles are compensated as much as possible. In addition to expressing the concept of the owner and his/her civil responsibility, the present paper deals with foundations and obstacles of civil liability and determining the person responsible for the damages caused by these devices, according to the relevant laws of the applicable countries and the evidences of Islamic jurisprudence. Manuscript profile -
Open Access Article
35 - Strict Liability in Destruction of Environment according to Islamic Jurisprudence
Abbas Gohari Mehdi BizhaniDestruction of environmental is one of the most important subjects in the Islamic jurisprudence and law. In jurisprudence view, it is accepted that the destructors of environment have strict liability but unfortunately practical procedure of the courts is based on MoreDestruction of environmental is one of the most important subjects in the Islamic jurisprudence and law. In jurisprudence view, it is accepted that the destructors of environment have strict liability but unfortunately practical procedure of the courts is based on proving of Fault. The wasting of common natural heritage is one of the types of the wasting of another person’s property, although in environment case the concept of property should be extended to encompass the matters such as air. Acceptance of civil responsibility for destructors of environment is based on the impediment of the damages, by contrast the biocentric and Antrocentric approaches in the field of the protection of environment, jurisprudence approach is a Antro-biocentric approach. Manuscript profile -
Open Access Article
36 - Civil liability for omission of officials due to lack of time.
mostafa keikha shaghayegh amerian abd-al-reza mohammad hosein zadehThe 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 MoreThe 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 -
Open Access Article
37 - Analysis of civil liability of stakeholders in forestry projects in domestic laws and international documents
zeynab karimimaneshCivil liability in the direction of forestry plans is one of the most important issues which has always been considered in the documents between the international and domestic law . the difference in the civil liability of stakeholders persons in the plan of forestry in MoreCivil liability in the direction of forestry plans is one of the most important issues which has always been considered in the documents between the international and domestic law . the difference in the civil liability of stakeholders persons in the plan of forestry in domestic law and comparing them with international law is the difference in the principles and conditions of this kind of responsibility so that the basis of this kind of responsibility in the law of iran is more than jurisprudence and law . in the subjects of this kind of responsibility in iran 's law and the documents between the international , we can examine various regulations including legislation of iran in 1962 by ratifying laws of protection and protection of them . and in 1967 , by ratifying the laws of protection and exploitation of forestry and pastures , the government obliged to prepare forestry plans to protect and safeguard it . the international law on the international law is also referred to as the 1972 , rio 1992 , johannesburg 2002 . therefore , the purpose of the present study is to investigate the principles of civil liability of stakeholders persons in the civil law and the international documents . with we concluded that the civil liability of persons is different in the basis of international law and is common in the purpose and the works that protect the forests and compensation. Manuscript profile -
Open Access Article
38 - Civil liability of the Iranian government in misdiagnosis and collection of taxes and its social effects on the trust of taxpayers
mohamadali noormohamadi Seyd Mohamadmehdi ghamami Askar JalalianThe subject was examined using the qualitative content analysis method.The issue of social trust of actors (taxpayers) was explained using legal and sociological perspectives such as Bourdieu, Coleman, Putnam, Fukuyama.First of all,it should be noted that taxes are the MoreThe subject was examined using the qualitative content analysis method.The issue of social trust of actors (taxpayers) was explained using legal and sociological perspectives such as Bourdieu, Coleman, Putnam, Fukuyama.First of all,it should be noted that taxes are the main source of government revenue for the performance of its duties,and in accordance with Article 51 of the Constitution,no taxes are levied except in the case of exemptions and tax deductions are specified by law.One of the most fundamental goals of taxation is to increase social welfare, which due to the declining law of ultimate desirability of money by taxing economic actors and reaching lower incomes and the poor, social welfare increases and is closer to justice.Studies show that whenever tax payment loses its social justification, is obedience becomes generally accepted and replaces tax compliance as a pervasive social norm in the relationship between formal and informal institutions of society.The findings indicate that the lack of transparency in tax laws and its social effects on the confidence of taxpayers means that there are different interpretations and directives for legal materials that confuse taxpayers and tax officials.herefore, transparency in the field of taxation will lead to social trust and also to the growth of social capital, and in a society where social capital is difficult, economic anomie will be created and economic anomie will lead to the maximum non-tax government selling raw It will be less accountable, so the more transparent the tax system, the more fundamentally it will transform the political economy and lead to the growth and development of a justice-based society.Since everything is political today, the role of governments in the transparent taxation process will be decisive, otherwise it will lead to the erosion of social trust, which will be a threat to the living world of tax actors. Manuscript profile -
Open Access Article
39 - Examining the doctor's responsibility in surgery by looking at jurisprudence
mohammadkazem rostami kafaki ebrahim yaghoti amrollah nikomaneshThe civil liability of the doctor, as one of the discussed categories in the field of civil liability and private rights, is very important. Civil liability in Iranian law is based on the theory of loss and accrual, according to the majority of jurisprudence. Based on t MoreThe civil liability of the doctor, as one of the discussed categories in the field of civil liability and private rights, is very important. Civil liability in Iranian law is based on the theory of loss and accrual, according to the majority of jurisprudence. Based on this, most of the jurists have justified the doctor's responsibility by relying on these two rules. The result of this is that the doctor is responsible in any case if he is responsible for harming the patient, whether it is prescribing the wrong medicine, or negligence in surgery, etc. It is known, and in case of incurring a loss, he is liable only in the case that he is at fault.According to the review of the historical course of the approved laws regarding the responsibility of the doctor in Iranian law, according to the Penal Law of 2012, if the doctor is not at fault in knowledge and action, there is no guarantee for him, even if he has not been acquitted (Comment 1, Article 495); In fact, the new penal law has accepted the basis of guilt. This is despite the fact that before this, the doctor was the guarantor of any damage caused to the patient during the treatment, even if he did not commit negligence. Manuscript profile -
Open Access Article
40 - The position of fault in civil and criminal regulations (analysis of the rule of loss and causation)
Muhammad Heidari Farahnaz Afzali QadiAbstract One of the rules that has been legislated to create civil liability and coercive guarantee and the legislator has formulated legal materials and compensation according to this rule, is the rule of loss and causation. The purpose of this study is to investigate MoreAbstract One of the rules that has been legislated to create civil liability and coercive guarantee and the legislator has formulated legal materials and compensation according to this rule, is the rule of loss and causation. The purpose of this study is to investigate the status of guilt in criminal and civil regulations and as the pillars of the perpetrator's responsibility from the perspective of jurists and jurists. Jurists consider fault as one of the pillars of responsibility, but believe that in the guarantee of loss, fault is not a condition, but attribution is a condition, but in addition to attribution, fault is also a condition. Therefore, in the lawsuits filed under the heading of causation, the injured party must, in addition to proving the loss, also prove the existence of fault. But Imami jurists do not differentiate between loss and causation and believe that the perpetrator of harm is the direct agent or agent of causation, it does not change anything and what is important is to achieve the loss and the need to compensate it even if the fault is not realized and the current It can also be done involuntarily. And it is not important to separate the loss into direct (direct factor) and causal (indirect factor). The results of research show that the rule of causation is closely related to the rule of loss and as such is one of the effective jurisprudential rules in guarantee. And in cases where the cause is stronger than the steward, that is, it was the perfect cause for loss, instead of the rule of loss, the rule of causation applies. In both rules, there are elements of responsibility and the difference in the cases should not be confused with the difference between the two generals and the general principle in compensation is that the damage can be attributed and customarily attributed to the perpetrator of the damage and can be claimed. Manuscript profile -
Open Access Article
41 - The rule of "expulsion with guarantee" and the civil liability of the government, according to the views of Imam Khomeini
Fariba Qanbarian Zadeh Mahabadi Sayyed Muhammad Musawi BujnurdiThe rule of expulsion with guarantee is one of the prophetic rules; The meaning of this noble hadith which is narrated from the Holy Prophet (PBUH); It means that: benefits are against guarantee. Whoever becomes the guarantor and responsible for something will benefit f MoreThe rule of expulsion with guarantee is one of the prophetic rules; The meaning of this noble hadith which is narrated from the Holy Prophet (PBUH); It means that: benefits are against guarantee. Whoever becomes the guarantor and responsible for something will benefit from it and benefit from it. In the works of the great jurists, this rule is limited to guaranteeing the interests of the Mostafa and the transaction sector. However, according to the different views of Imam Khomeini and Seyyed Mohammad Mousavi Bojnourd, this rule is one of the rulings of the government and Soltanieh and can be one of the specific principles of government civil liability. In this sense, the tax that the government collects from the people in the form of khums, zakat, etc., in return, has obligations to regulate public affairs. The purpose of this study is to first present the jurisprudential and legal concept of the expulsion rule with guarantee and then to examine the application of this rule according to the views of Imam Khomeini and Seyyed Mohammad Mousavi Bojnourd in relation to government civil liability. Manuscript profile -
Open Access Article
42 - Civil liability for damages caused by the transportation of oil and gas through pipelines
amin alboshokeh Abdolhossein Shirvi KhozaniField and Aims: transportation through pipelines is one of the emerging ways of transporting materials and goods in the world, which is in the center of attention day by day due to its special and unique advantages and capabilities in moving materials such as oil, gas a MoreField and Aims: transportation through pipelines is one of the emerging ways of transporting materials and goods in the world, which is in the center of attention day by day due to its special and unique advantages and capabilities in moving materials such as oil, gas and other condensates. The growth and development of the transport sector is placed in the countries. But this method may cause damages that will result in civil liability.Method:The present research was carried out using a descriptive-analytical method.Finding and Conclusion: The relevant rules in the field of responsibility of the carrier in the field of oil and gas transportation through pipelines in Iran's legal system and also in the international legal system are not very developed. We are general transporters. In the transportation of oil and gas through pipelines, the nature of the transportation contract in commercial law also applies to it in such a way that according to the contract concluded between the shipper and the carrier of the cargo (oil and gas), the carrier is required to comply with all the provisions of the agreement. is in the contract, and if he has been negligent in this regard, he is responsible for the consequences and damages caused by this failure, unless the damages were caused by factors outside of his authority (such as the authority of Cairo), in which case he is also required to To prove this external factor is for exemption from responsibility. Manuscript profile -
Open Access Article
43 - Civil and criminal liability of the physician towards the patient in Iranian and French law
seyede lona mohamadi pariya karamzadehBackground and Aim: Physicians' liability for medical malpractice is one of the oldest issues in medical law, which is accepted as a principle, the patient has the right to seek redress from a physician under a contract or crime. Over the years, the French legal system MoreBackground and Aim: Physicians' liability for medical malpractice is one of the oldest issues in medical law, which is accepted as a principle, the patient has the right to seek redress from a physician under a contract or crime. Over the years, the French legal system has regarded the relationship between the patient and the physician as a contractual relationship under which the physician will be liable in the event of a fault on his part.Methodology: The present research has been done by descriptive-analytical method through library studies and in the form of taking notes.Findings: Although the Iranian legislator, following the famous saying of the jurists, considered the doctor's commitment as a commitment to the result, this is contrary to the goal of medical science and patient treatment and justice, and the doctor should have a fault-based responsibility to avoid any fear. , Make every effort to treat the patient. Accordingly, the new Islamic Penal Code, like the French regulations, considered the doctor's liability to be based on fault.Conclusion: By comparing the physician's responsibility in the Iranian and French legal systems and what we found from the research findings, the French law provisions addressed the issue of treatment and the patient-physician relationship much more broadly, while only blaming the physician. , The officials know that they tried in various ways to support the patient by establishing an insurance system and prompt treatment outside the framework of the judicial system. Manuscript profile -
Open Access Article
44 - Analysis of the civil responsibility of the cause and the steward in the legal system
ali babaei alireza Rajabzadeh Isthabanati alireza mazlom rahniField and Aims: Civil liability have specific functions both in relation to the victim and in relation to the cause of the loss and in relation to the target society. Perhaps the principle of the necessity of compensation can be considered the most important principle g MoreField and Aims: Civil liability have specific functions both in relation to the victim and in relation to the cause of the loss and in relation to the target society. Perhaps the principle of the necessity of compensation can be considered the most important principle governing civil liability. The issue of multiplicity of causes is dedicated to examining the effect of various causes in relation to a single loss. This may be in the form of a collection of the above-mentioned causes that form a single source independently in a longitudinal or transverse way to guarantee the creation of damage, or that multiple causes are independent and each cause is considered. The condition for the realization of responsibility is the existence of a relationship of causation, and this means that the relationship of causation is placed next to other conditions of responsibility. That is, if the relationship of causation is not established, there will be no responsibility.Method: The present research was carried out using a descriptive-analytical method.Finding and Conclusion: In this research, an attempt has been made to compare the mentioned issue in the laws of Iran and Islamic jurisprudence, as well as in the current laws, including the civil law, the Islamic Penal Code approved in 1370 and the Islamic Penal Code approved in 1392. With the changes brought about by Article 526 of the Islamic Penal Code of 2013, in the state of community, the cause and the steward are basically both responsible, with the difference in the impact of the intervention, the responsibility will be relative and the trend with material and objective factors in Iranian law is more It is one of the blameworthy and immaterial factors. The guarantee of the first cause in the effect, which is famous in the case of long association of causes in Iranian jurisprudence and law, is not dissimilar to the same guarantee of the cause and the primary agent against the dependent intervening agent. A steward who commits a crime and harm under the influence of the primary factor is responsible in Iranian law, as long as he is not deprived of his will. Manuscript profile -
Open Access Article
45 - Civil liability of classification institutions in Iranian law Looking at international court cases
zahra eliasy Masoud shirani dawood nassiranField and Aims: Classification institutions play an important role in relation to the insurable nature of a ship. This issue is referred to as the private duty of rating agencies. Legal systems have a different approach to the issue of civil liability in the above issue MoreField and Aims: Classification institutions play an important role in relation to the insurable nature of a ship. This issue is referred to as the private duty of rating agencies. Legal systems have a different approach to the issue of civil liability in the above issue. On this basis, in this research, we will examine the issue of what is the position of the civil responsibility of classification institutions in Iranian law and international conventions?Method: This research was carried out in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information was analyzed in a descriptive-analytical manner.Finding and Conclusion: Those who believe that there is no civil responsibility for the classification institutions believe that the institutions only have the duty to provide advice and suggestions and have no guarantee for their performance, and the duty of the institutions is only to provide standards according to legal and international standards, and their compliance is also It is the owner's responsibility. But on the opposite point, the legal systems that gave absolute civil responsibility to institutions considered the duty of said institutions to be more than giving advice, and according to the contractual relationship that exists for institutions, they are like standardization organizations that have the duty of instilling rules and regulations between They know the international rules of work safety at sea and environmental protection. Manuscript profile -
Open Access Article
46 - rejection of the exclusion theory of usurpation from the general rules of civil liability
rasool malakootiTheory of severe encounter with the usurper causes the rules of the usurped institution to be considered strict, while in other sources there is no such civil liability. This attitude and the lack of need for harm and causation, has caused most lawyers to analyze the ru MoreTheory of severe encounter with the usurper causes the rules of the usurped institution to be considered strict, while in other sources there is no such civil liability. This attitude and the lack of need for harm and causation, has caused most lawyers to analyze the rules governing this institution apart from the general rules of civil liability. In this article, an attempt has been made to invalidate the fegh attitude and pay attention to the structure of the civil law, and to prove the impossibility of this separation. It seems that the difference between dealing with the usurper and other sources of civil liability is not due to a difference in the nature or rules of this institution, but to an imperfect view of the concept of financial guarantee in jurisprudence. Guarantee in jurisprudence means creating an obligation against another, the guarantee of its implementation is crystallized in three longitudinal forms of equal return, retribution and payment of price. In law, however, the concept of civil liability, which is equivalent to the term guarantee, is merely narrow to the third form, the obligation to pay damages. This self-made constraint in the concept has led to the impossibility of applying the rules and pillars of the usurpation institution to the general pillars of the guarantee and its severity Manuscript profile -
Open Access Article
47 - The responsible behavior of lawyers in Iran's legal system
farideh Asgari mostafa namdar pourbengarOne 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 MoreOne 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. Manuscript profile -
Open Access Article
48 - Jurisprudential-legal study of Arsh al-Bakareh and Mehr al-Mathl
Hojat Arab Sheybani Abdolazim khoroshiArsh al-Bakareh and Mehr al-Mathl as compensation for the removal of virginity are among the concepts that are discussed in the two areas of criminal law and civil law. In this research, with a descriptive-analytical method and by considering various regulations in the MoreArsh al-Bakareh and Mehr al-Mathl as compensation for the removal of virginity are among the concepts that are discussed in the two areas of criminal law and civil law. In this research, with a descriptive-analytical method and by considering various regulations in the mentioned fields and also by considering the jurisprudential teachings, we have reached the conclusion that the basis for paying the dowry is intimacy and the basis for paying the throne of virginity is the removal of virginity. In addition, although the proverb in the words of the jurists and the appearance of the narrations does not indicate the compensation of moral damages and is paid to a virgin or a woman due to the benefit of the woman in adultery by rape or reluctance, but from the point of view of civil liability law Some cases are compatible with moral damages. In addition, there is no conflict between Articles 658 and 231 of the Islamic Penal Code of 1392, and in accordance with the rules of civil liability, if the removal of virginity is done with sexual intercourse or non-sexual intercourse and with consent, there is no guarantee. Manuscript profile -
Open Access Article
49 - Theory of stewardship in civil liability From the perspective of Islamic jurisprudence and Iranian law
nader pourarshadTheory of stewardship in civil liability From the perspective of Islamic jurisprudence and Iranian law(with emphasis on the analysis of new dimensions of recognizing the criteria of stewardship)Nader PourarshadAssistant Professor of Department of law , Shahrekord Branch MoreTheory of stewardship in civil liability From the perspective of Islamic jurisprudence and Iranian law(with emphasis on the analysis of new dimensions of recognizing the criteria of stewardship)Nader PourarshadAssistant Professor of Department of law , Shahrekord Branch , Islamic Azad University , Shahrekord , IranThe terms direct and causal have been used in the jurisprudential rule of loss (superb and causal). These two terms are also used in Articles 332 of the Civil Code and 492 et seq. of the Islamic Penal Code. However, in jurisprudential texts and civil law, there is no definition that indicates all the important and significant features of these two. The Islamic Penal Code, which defines the two in Articles 494 and 506, does not list all their important and significant features either. The present article, therefore, aimed to fill this gap by exploring and expressing the characteristics of the trustees and the conditions for assigning damages to them in terms of Islamic jurisprudence, case law, legal doctrine, and judicial procedure in Iran in a way that facilitates the diagnosis of the cause and other factors related to the damageKeywords: loss - civil liability - agent - manager - cause Manuscript profile -
Open Access Article
50 - "Feasibility of obtaining a guarantee for non-satisfied interests in corrupt contracts In Iranian Law and Imami Jurisprudence"
Alireza Mohammadbeyki hoseein asadzadeh Meisam jamaliAlthough the principle necessarily is that the legal subjects´ assets to be protected; but today, we see that due to different reasons some gap intervenes between an owner and their assets. Examples for this issue are usurpation and also delivery by an invalid con MoreAlthough the principle necessarily is that the legal subjects´ assets to be protected; but today, we see that due to different reasons some gap intervenes between an owner and their assets. Examples for this issue are usurpation and also delivery by an invalid contract. There is no doubt about the requirement of recovering or substituting a property usurped or delivered by an invalid contract. Also, there is little doubt about the guarantee for the received benefits. But, regarding the fact that whether it is feasible for the unused benefits to be realized or not, we see a diversity of comments, i.e., we see that the law falls silent about these issues, and there is a diversity of jurisprudential rules along with lack of comprehensiveness of subjects, therefore, the necessity of the present research becomes justified. Thus, by descriptive-analytical methods, the present research tried to review and analyze the jurisprudents´ and lawyers´ positions regarding realization of unused benefits claims in an invalid contract. The results showed that the issue in Islamic jurisprudence has been a disputed issue since the past, although, by adducing evidences such as the rule of presumption of possession, consensus, and rule of equality of rules received for an invalid contract with usurped institution, accepting the rule of liability for unused benefits in an invalid contract seems to be reasonable; moreover, from the legal perspective, although civil code provides no expressed rule on unused benefits in invalid contracts, by correct interpretation of the available rules, it can be ruled for liability for unused benefits. Manuscript profile -
Open Access Article
51 - Restorative strategies for the disruptive acts of obtaining bank credits, focusing on the criminal policy of Iran and the European Union
Omid Ebrahimi Hasan Poorbafrani Mohsen Shekarchizadehthe role of bank credit in giving liquidity into the economy, necessitates need for legal protection of credit and the adoption of remedial measures against its disruption. the analytical and comparative study of "arbitration in banking lawsuits", "bank l Morethe role of bank credit in giving liquidity into the economy, necessitates need for legal protection of credit and the adoption of remedial measures against its disruption. the analytical and comparative study of "arbitration in banking lawsuits", "bank liability" and "mechanisms related to the bankruptcy of creditors" as the most important remedial measures against the disruption of bank lending in the criminal policy of Iran and the European Union, shows that in comparison with the stipulation of arbitration in (CFR), article 139 of the iranian constitution, has faced a challenge reference claims related to obtaining loans from state-owned banks to arbitration. Regarding the bank's civil liability, both legal systems have tended to the theory of "fault-free liability". Regarding the bankruptcy of the creditor, the wide applicability of the EU regulations on bankruptcy and the special rules of credit institutions and the granting of privileges to creditors with collateral in the Iranian legal system indicate the importance of the rights of creditors in both legal systems. Manuscript profile -
Open Access Article
52 - Civil liability of governmental, educational institutions arising from the loss of opportunity
alehealsadat ghanriz Hossein mehrpoor Abbas karimiAbstractThe issue of loss of opportunity and the possibility or impossibility of damages resulting from is crucial civil liability issues. However, there is still no specific text or judicial procedure in Iranian law. When the loss of opportunity arises from government MoreAbstractThe issue of loss of opportunity and the possibility or impossibility of damages resulting from is crucial civil liability issues. However, there is still no specific text or judicial procedure in Iranian law. When the loss of opportunity arises from government subsidiaries' performance, this legal vacuum manifests more clearly. The concept of subordinate responsibility of the government is a way to fill this legal gap. At first glance, however, there is a conflict between the institutional principle of personal responsibility and the subordinate responsibility of the state. But the formulation of two distinct arguments is capable of resolving this conflict; Those arguments are mainly ascertained on intrinsic duties and mechanisms at the government's disposal. The subordinate responsibility of the government is founded on national and international rules and regulations. Also, in the Islamic legal system, the subordinate responsibility of the ruler is considered and emphasized. Derived from Article 30 of the Constitution of the Islamic Republic, the provision of effective and efficient educational management should be deemed as a part of government governance duties, i.e., Providing a coherent set of knowledge derived from the application of scientific methods to characterize and explain organizational elements and relations between them in educational organizations. If the citizens have lost the opportunity and the resulting losses due to the inefficiency of the academic management of government institutions, the government has civil liability for those cases, as in other similar cases. Keywords: Loss of Opportunity, Civil Liability, Subordinate Liability, Citizen, Educational Management, Public Education Manuscript profile -
Open Access Article
53 - 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 asgariOne 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 MoreOne 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
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