نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار، دانشگاه گیلان
2 دانشجوی دکترای حقوق خصوصی دانشگاه مفید قم
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
By enacting Civil Liability Act in Iranian law, the situation of non-contractual indebtedness in Civil Act that depends on Islamic Jurisprudence became ambiguous. New act created different questions that the most fundamental one is what relationship exists between Civil Liability Act, Civil Act and Islamic Jurisprudence? Are the topics in Civil Liability Act, the same as rules in Civil Act and Islamic Jurisprudence? Law writers, in order to justify the scope of these rules, declaimed different ideas such as allocation or abrogation subjects of non-contractual indebtedness in Civil Act by Civil Liability Act. In this article we emphasize on natural differences between non-contractual indebtedness and consider the cause of enacting Civil Liability Act and the scope of applying that. It will be determined that the logic of these rules and the scope of applying them and its effects have fundamental differences. This study shows we can build the basics of making tort law in Iranian law, depending on expanding the implication of Discretionary punishment awarded by the judge in private law and also the rule of rational prohibition of loss, on the basis of Shia jurisprudence.
کلیدواژهها [English]
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