• List of Articles liability

      • Open Access Article

        1 - A Review of the Impact of Bona Fide on Waiving the Liability of the Physician in Iranian Law (In Comparative Study with Canadian Good Samaritan Law)
        Zahra  Tabesh
        Abstract: Due to its ancient history and special criticality, the medical profession has always been accompanied with serious legal challenges in the balance of rights between the physician and the patient. It is for years that bona fide is being used as a criteria and Full Text
        Abstract: Due to its ancient history and special criticality, the medical profession has always been accompanied with serious legal challenges in the balance of rights between the physician and the patient. It is for years that bona fide is being used as a criteria and a guarantee for the enforcement of law by the Iranian-Islamic jurists and law experts. Despite the fact that medical acts are considered bona fide in nature, in the judicial procedure and system of Iran, it is difficult to approve the good intention of all people rendering medical services. Therefore, despite a long history of bona fide and the liability of the physicians, a review of this principle in comparison with the Good Samaritan Law in Canadian law - as its common law likeness – could open new horizons to clarifying the liability of the physicians. According to the findings of this study, Good Samaritan Law is applicable as a liability outside the terms of the contract and only in emergency conditions and chiefly in the case of a non-physician. However, bona fide has a broader and more general coverage that can include – in case all requirements are met – all areas of liability of the physician. The demonstrable aspect of bona fide in creating rights for claiming a fee by the service provider is a strong point with this principle and a priority over the Good Samaritan Law. Manuscript Document
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        2 - Legal and moarl effects of false advertising
         
        we should account the advertising as a basic Element in the fate of countries, that role plays in both internal and International domain. Sometimes, the advertising is untrue, and includes some Properties that they are not in present goods or specific services .we can s Full Text
        we should account the advertising as a basic Element in the fate of countries, that role plays in both internal and International domain. Sometimes, the advertising is untrue, and includes some Properties that they are not in present goods or specific services .we can study this kind of advertising, in different aspects. From these aspects, we can name the legal and moral effects of false advertisings on human rights, society and Audiences. If the ads contain false, they are searchable in Ethics, In addition to the contractual relationship as breach of contract, and in civil liability. The main question of this Article is that what legal liability for false advertising is, and what are effects on contract between the parties, and also what are morally adverse effects on the audience and the community Manuscript Document
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        3 - Civil liability of a lawyer to a party and his religious and moral rights
        Alireza  Karimi Larimi seyed hosein safaii
        This type of responsibility of the attorney is not in the form of a contract, but in the form of a contract, and is outside the principle of "relativity of the contract" and the contractual liability of the party, that is why the party is a party (third party) and that Full Text
        This type of responsibility of the attorney is not in the form of a contract, but in the form of a contract, and is outside the principle of "relativity of the contract" and the contractual liability of the party, that is why the party is a party (third party) and that the lawyer of the judiciary in contrast, the legal conflict, will have responsibility or not? There has long been no consensus on this matter, and a traditional view holds that even the notion of responsibility for a lawyer will eliminate his focus on defense and prevent this concern in the area of responsibility for the good defense of the lawyer, but the new theory and career requirements and the lawyer's profession leads to the recognition of the attorney by providing conditions, and the legal assignments, as well as the affirmation of the third party's liability for the lawyer, are suing. Manuscript Document
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        4 - Jurisprudential and ethical analysis of business risk and comparing it to Garar with an emphasis on general rules of revenue generating risk
        Seyyed Mohammad Sadegh  Mousavi Ruhollah  Raisi
        "With technological development and increasing needs of societies, new economical transactions have been formed in societies in which risk has been embedded in the heart of these transactions. Risk in its literal meaning is “The danger resulting from uncertainty about a Full Text
        "With technological development and increasing needs of societies, new economical transactions have been formed in societies in which risk has been embedded in the heart of these transactions. Risk in its literal meaning is “The danger resulting from uncertainty about a possible occurrence of an incident in future”. Risk is a necessity for most of national and international commercial activities. In addition, in ethical perspective, humans’ development in individual, social, and economical, etc. aspects are guided by human’s behavior and decisions. It is obvious that realization of this aim is possible in certain and usual situations. However, in risky situations where a human is uncertain about or unaware of the consequences of his action, it seems difficult to make a decision that is in line with ethical norms. Hence, the present study in addition to analyzing business risk and comparing it to Gharar , aims at answering this fundamental question: what are the fundamentals of jurisprudential legitimacy and ethical narrative of revenue generating risk? The current study by using a descriptive-analytical method will show that: first, Gharar arises from ignorance or risks related to the pillars of contract and its outcome in transactions is the unfair increase in ones’ wealth to the detriment of the other one in the contract. However, risk in business is related to the future of invested capital and it has no relation with pillars of contract. Meanwhile, any profit or loss from business risk is a consequence of economic changes in supply and demand. Second, legitimacy of revenue risk as the superstructure can be inferred from the analysis of general jurisprudential rules on revenue generating risk with the centrality of the rule “Al-kharaj bial-ziman (profits against ‎liability)”. Third, in ethical perspective, a risk is considered legitimate if it is taken wisely and fairly and is based on individual and social interests. " Manuscript Document
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        5 - The civil and moral responsibility of the government in applying financial policies based on the criterion of heavy fault
        ghafour Khoini abolhassan mojtahed soleimani amirhossein bahreini
        The civil responsibility of the state is a challenge that has been challenged since the formation of modern-day local governments and has experienced many downs and downsides. One of the relatively newer arenas in this area is civil liability due to government financial Full Text
        The civil responsibility of the state is a challenge that has been challenged since the formation of modern-day local governments and has experienced many downs and downsides. One of the relatively newer arenas in this area is civil liability due to government financial policies. These policies have greatly influenced the fate of the people and economic activists, and occasionally caused a lot of damage to them. Accordingly, it is necessary to examine the nature of these policies in terms of the category of governance or business, the possibility of compensating for the damage and the basis for this compensation. At the end of this research, it will be clear that the application of financial policies can lead to civil liability of the state, if it is due to the heavy fault of the government or its agents. The basis for this compensation is based on the general theory of fault. Therefore, in the examples of the government's heavy blame for financial policies, such as the application of financial policies, regardless of the state of the country or the lack of monitoring of the implementation of policies and the like, should not cost the government such actions. Manuscript Document
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        6 - The Role of Auditors' Social and Professional Responsibility Insurance on Audit Risk and Audit Quality Using the Delphi Approach and Structural Equations
          Ali  Khozain    
        This research investigates the role of auditors' social and professional liability insurance on the risk of reputation and quality of audit using the Delphi approach. One way to eliminate risk is to transfer risk, and since auditors may face some risks for various reaso Full Text
        This research investigates the role of auditors' social and professional liability insurance on the risk of reputation and quality of audit using the Delphi approach. One way to eliminate risk is to transfer risk, and since auditors may face some risks for various reasons, such as failures, professional liability insurance is at stake for them. This study was conducted using a Delphi approach based on 95 questionnaires completed by the auditors in 2018. Using by Structural Equations the results of the first hypothesis showed that independent auditors consider social and professional liability insurance to reduce the risk of their reputation and there is a negative and significant relationship between social insurance and professional liability insurance and the risk of auditors' reputation. The association with the second hypothesis of the results showed that social and professional liability insurance would reduce audit quality Manuscript Document
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        7 - Representation of religious thoughts on civil liability arising from harassment and its associated with British law
          Alireza sharifi mohammad molodi
        Civil liability from nuisance in property laws is one of the major areas in civil liability. People may cause nuisance or inflict harms to the latter through exercising their rights of occupation in properties. This subject matter is the area at which property rights an Full Text
        Civil liability from nuisance in property laws is one of the major areas in civil liability. People may cause nuisance or inflict harms to the latter through exercising their rights of occupation in properties. This subject matter is the area at which property rights and civil liability converge. On the one hand, the proprietor reserves an unlimited right of occupation in his/her property (Article 30 of the Civil Law). On the other hand, the right to property is restricted to this natural and legal right that the latter's property receives no damage (Article 132 of the Civil Law, and Principle 40 of the Islamic Code). The Civil Law does not have an explicit decree as to the civil liability of the proprietor and has not enumerated its provisions or elements either. Therefore, by comparative study of the subject, and via the analytical-descriptive method, it was concluded that the extra occupation of the reasonable would have the result of civil liability, if it would create nuisance in the property law and damage to the neighbor, whether it is intended or unintended for the proprietor. The absoluteness of the right, reasonableness of the act and satisfaction of needs shall not remove liability. However, the rule of "Prohibition of Detriment" governs the relations arising from vicinity and neighborhood, and the occupation by the occupier is customarily endurable by the vicinity law. Manuscript Document
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        8 - The Malapropos Cesarean: A Crime without a Victim
        Mahmoud Abbasi Meysam Kalhornia Golkar
        Malapropos Cesarean is determining the date of birth for non-medical reasons. The most important example of this practice in Iranian society, which has appeared and increased, especially in the last decade, is to try to adapt the birth of a baby to unique calendar dates Full Text
        Malapropos Cesarean is determining the date of birth for non-medical reasons. The most important example of this practice in Iranian society, which has appeared and increased, especially in the last decade, is to try to adapt the birth of a baby to unique calendar dates. Regardless of the behavioral pathology and moral critique of this practice, a consequentialist view makes the importance of the legal system's attention and decisive response to malapropos cesarean even more necessary. In the present study, with a descriptive-analytical method, in addition to reviewing the criminal law and the principles of criminology, the dimensions of criminal responsibility for untimely cesarean section were considered. The findings showed that malapropos cesarean due to threats to maternal and fetal health, imposing abnormal risks and depriving the infant of the benefits of fetal completion, as well as the consequences of increasing medical error and so promoting false traditions in the health community, in terms of criminological principles, is practically against morality and public order and should be considered as a crime. In addition, the current criminal laws, such as paragraph c of Article 158 and Article 495 of the Islamic Penal Code, are considered as the legal basis for the realization of criminal responsibility resulting from this act. Due to the condition of the fetus, as well as the victim's lack of power to sue, and the parents' and physicians' unanimity regarding non-medical involvement in the delivery date, this abnormal act looks like a crime without a victim, which as a result, its legal pursuit faces difficulties and obstacles. Accordingly, it is necessary to emphasize the general aspect of malapropos cesarean, and documented in the relevant articles of the Islamic Penal Code, assuming the sum of the elements of criminal responsibility, along with disciplinary responsibility, physicians and medical centers might be prosecuted by the public prosecutor. Manuscript Document
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        9 - Critical Study of Gradual criminal liability of juveniles in discretionary offenses (review of the French legal system
        mohammad saeeid shafiei
        In the field of criminal law, the process of transfer from lack of full criminal liability to full criminal liability requires determining the stages that is considered gradual criminal liability. In articles 88 and 89 the Islamic Penal Code, 1392 legislator has graded Full Text
        In the field of criminal law, the process of transfer from lack of full criminal liability to full criminal liability requires determining the stages that is considered gradual criminal liability. In articles 88 and 89 the Islamic Penal Code, 1392 legislator has graded Non-criminal and criminal measures based on the criterion of age in discretionary offenses of juveniles and has focused on judicial measures on socialization of these people because of refusing to apply repressive criminal responses. Despite of removing gender separation and possibility of apply appropriate responses; there are some ambiguities in acceptance of gradual system in discretionary offenses. not providing to extension of protective and supervisory measures to people under 9 years according to the first section of the article 88 the Islamic Penal Code about criminal liability and restrictions on the use of restorative responses in juvenile procedure, authority of the judge in determining freedom with care method, not being comprehensive measures referred to in article 89 in terms of the impossibility of extension measures under article 88 to not severe offenses of age group 15 to 18 years cause are restrictions that cause not providing to achieve absolutely to differential approach in the field of legislative criminal policy related to juvenile delinquents. This article emphasizes using a descriptive- analytic method and studying of France legal system and former substantive criminal law necessity of taking non-criminal measures on persons under the minimum age of criminal liability, expansion of restorative response, The necessity of using of freedom with care method while giving children to family like September 9, 2002 Act of France and provides efficient legislative criminal policy with critical review each of these ambiguities Manuscript Document
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        10 - Principles of State Civil Liability for Environmental Pollution
        Sayed Ahmad Asgari Arjnky
        Today, with the expansion of international relations and relationships, the issue of environmental law has been at the forefront of international attention, and all governments and individuals are working to maintain environmental conditions in a healthy environment. On Full Text
        Today, with the expansion of international relations and relationships, the issue of environmental law has been at the forefront of international attention, and all governments and individuals are working to maintain environmental conditions in a healthy environment. One could consider one of the components of a good state or good governance as an environmental issue and, in particular, a clean air. In fact, one of the most important environmental issues is the issue of air pollution, which today is inevitable to find solutions to tackle and mitigate this phenomenon. It should be noted that the right to a healthy environment, except for human rights, including rights Is inherent in human beings. In order to deal with this phenomenon, civil liability was raised, according to which the loss factor should be compensated. One of the foundations of civil responsibility is the theory of fault that this theory is less used because of the lack of recognition of the actual cause of the damage, and to solve this problem, theories of liability are blamed and blamed on the responsibility of the majority of European countries. The remedies in this area are also restoring the state of the past, eliminating the source of losses, compensating for losses, and committing to non-contamination. In the area of civil liability caused by pollution, there are complexities such as the multiplicity of features, gradual and hidden losses, the difficulty of assessing damages, and the ability to prove the relationship between the causation. Therefore, it is necessary in this regard, It will be possible to first develop preventive measures against people, as well as by adopting precise and comprehensive laws and regulations in this area, these issues can be reduced. Manuscript Document
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        11 - Cessation of liability in court
        احمد مهدوی نسب mohammad reza seyahpoor mysam nemat alahi mojtaba farahmand
        :Abstract Tasbib is one example of the involvement of individuals in committing a crime. Accordingly, the perpetrator of a crime in the ordinary course of life who has a well-to-do list and is aware of his existence, must be answerable for his criminal conduct. Full Text
        :Abstract Tasbib is one example of the involvement of individuals in committing a crime. Accordingly, the perpetrator of a crime in the ordinary course of life who has a well-to-do list and is aware of his existence, must be answerable for his criminal conduct. Unless the offender, for some reason, can withstand the burden of liability, in other words, his affiliation is distorted, which may be due to a lack of perception or lack of authority. Under these circumstances, you can not commit a crime to the offender. In the course of criminal proceedings, various defenses from the defendant are possible, which are based on the factors responsible for solving such liability. Factors for solving the criminal responsibility to the individual and subjective circumstances in the perpetrator are said that despite the occurrence of the crime, they will eliminate the criminal liability of the subject. The purpose of this research is to investigate whether the factors for removing criminal responsibility in recruiting from the general factors of responsibility for responsibility are different or are expressed in terms of allegory. Findings of the research show that the factors for solving the responsibility for the accrual are, in most cases, an indication of the general criteria for the removal of criminal responsibility and are not distinguished. Manuscript Document
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        12 - Criminal liability of legal entities in the United States
        Sasan Ahmadi
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        13 - OPCW Responsibility vis-à-vis Breaches of Confidentiality by its Staff
        محسن نذیری اصل
        The Organization for the Prohibition of Chemical Weapons (OPCW) is among few intergovernmental bodies in the field of disarmament, which despite wide access of members of its secretariat to information on chemical activities of member states, takes advantage of a differ Full Text
        The Organization for the Prohibition of Chemical Weapons (OPCW) is among few intergovernmental bodies in the field of disarmament, which despite wide access of members of its secretariat to information on chemical activities of member states, takes advantage of a different regime, compared to other international organizations, with regard to confidential affairs, especially regulations related to violations of the secretariat staff and responsibility of this international organization with regard to their violations. The main question of this paper is whether the regime governing breach of confidentiality related to Chemical Weapons Convention is different from regulations related to common international law, and whether the contents of this Convention especially that related to breaches or alleged breaches of confidentiality (Para. 22, Section D of the Annexes) can exonerate the secretariat staff of the OPCW? The author hypothesizes that regulations of the Chemical Weapons Convention constitute a big part of the rules and principles of international law, and the confidentiality regime of the OPCW as well as liability resulting from breach of these regulations is a function of this regime. Manuscript Document
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        14 - The international responsibility of states for terrorism and its financing
        Baqer  Shamloo ahmad mohammadi
        In the sphere of international law, governments have an obligation to prevent and combat terrorism related crimes and not to support or sponsor these crimes. A government that directly or indirectly commits, sponsors or indulges in terrorism related crimes will be held Full Text
        In the sphere of international law, governments have an obligation to prevent and combat terrorism related crimes and not to support or sponsor these crimes. A government that directly or indirectly commits, sponsors or indulges in terrorism related crimes will be held liable by internal law. Any support for terrorism, whether directly or indirect, according to international conventions is prohibited. Apportioning/holding the government responsible internationally according to civil and criminal acts for which the terrorism act was committed can be an appropriate response to this state sponsored terrorism. This article analysis the international responsibility of governments for acts of terrorism and its financing. The present article has been written by descriptive-analytical method and based on written documents and sources and its information has been sourced through journals, books and articles available in the library through research. The present study concludes that with the spread of government sponsored terrorism and other international crimes enormous death rates and destruction of property, environment and livelihoods is witnessed. These losses left by them, including targeting the vital interests of governments harms the threat of international peace and security. Most of the countries in the world understand the need to implement and apply the theory of international criminal justice. The governments have come to believe that the positive results of such an approach and realised that the benefits far outweigh the possible negative consequences to combat international crime. And this is possible only by accepting and implementing strategies to protect and insulate from such criminal acts. The responsibility of the governments and individuals in accepting criminal liability should be objective. And hold groups and individuals who commit such crimes responsible. Manuscript Document
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        15 - Government civil liability for damages resulting from terrorist acts
        Naheed Barakzehi
        Terrorism has become one of the most important issues in today's world community. Although there is no specific definition for it, this does not diminish the importance of this issue. In recent decades, a wide range of terrorist acts have been committed in the world and Full Text
        Terrorism has become one of the most important issues in today's world community. Although there is no specific definition for it, this does not diminish the importance of this issue. In recent decades, a wide range of terrorist acts have been committed in the world and in Iran. According to the research, the most important question of the present dissertation is: What is the basis of the government's responsibility for compensation for terrorist incidents? The hypothesis that arises from the heart of the main question is: It seems that the main basis of the government's responsibility for compensation for terrorist acts is the theory of fault. Victims of terrorist incidents must first prove the government's negligence or failure to ensure public order and security so that they can turn to the government and claim damages from terrorist incidents, and then compensate the victims materially and spiritually through insurance or charities. And provide the necessary medical support and during the proceedings, by providing the necessary facilities and guarantees to file a lawsuit, pave the way for the victims of these incidents to achieve their rights, and take the necessary measures to prevent re-victimization, consolation and creating a sense of security. Explaining the civil liability of the government and the concept of terrorist acts and finally identifying ways to compensate the government for terrorist acts is one of the most important objectives of the present study Manuscript Document
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        16 - A Critical Look at Judges' Civil Liability in Iranian Jurisprudence and Law
        Shaghayegh  Shaghayegh shamsi Abedin momeni
        According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation i Full Text
        According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation is done by the government. It seems that the principle of government responsibility for the judge's mistake in jurisprudential books was due to the necessity of ijtihad in judges, and jurists based on this condition the verdict issued by the judge was considered his fatwa and they believed that the judge rules by his ijtihad, so they put the responsibility for compensation on the treasury. But the important point is that he should not be granted judicial immunity, because everyone has a responsibility wherever he is, and he should be held accountable for that position and his mistakes, and the judge, like other members of society, is paid for the act of judging and this does not cause the government, which has no worker-employer relationship with the judge, accept compensation for the damages caused by act them. Therefore, the purpose of writing this article is to critique the judicial process in the civil liability of judges and to compensate the damages from the government. The research method in this study is analytical-descriptive and the method of collecting information is library and documentary. Manuscript Document
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        17 - A study about posibility of utilizing the civil liability to seek for the contratual remedies
        milad rohampour Dr. Seyed Ali Jabbar Golbaghi ​​Masouleh
        One of the important bases to constitute the liability in remedies is the existence of fault at act and omission. in iranian law subject to the regulations, this matter is practically able to consider and related to an act that the fault would be involved in its notio Full Text
        One of the important bases to constitute the liability in remedies is the existence of fault at act and omission. in iranian law subject to the regulations, this matter is practically able to consider and related to an act that the fault would be involved in its notion. nevertheless in this matter there is not uniqe idea about bases and quality of fualt among the lawers that tends to contratual or not contarctual liability. on the side of contartual one with attention to code 221 of civil code of iran beaause of lacking clear jurisprudentic history even with definit breach of contract generate the liability and the remedies from it would be payable by causation. it is easier to discover the elements of contractual liability in comparsion with non contractual one and with attention to full compensate of remedies the right to choose between them two seems to be fine. the purpose is that looking for the authority for victim of a damage to choose that what bases noticed a bove is suitable for him. this artice is made by virtue of library searching and related articles. Manuscript Document