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Ethical Foundations of Fault-based Responsibility in Realizing Civil Responsibility (Iranian Legal System and Common Law Legal System)
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A Fallah1   , V Ghasemi Ahd 2, H.M Ali Karami3 |
1- Ph.D. Student in Law, Arak Branch, Islamic Azad University, Arak, Iran.
2- partment of Law, Arak Branch, Islamic Azad University, Arak, Iran , vghasemiahd@gmail.com
3- Department of Law, Arak Branch, Islamic Azad University, Arak, Iran. |
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Abstract: (34 Views) |
Background: According to Article 1 of the Civil Liability Law, liability is based on fault. However, due to the fact that the discussion of responsibility is a matter of moral challenge and in various situations conflicts arise in the confrontation of responsibilities with each other, the civil law does not necessarily consider the fault of the defendant as a condition for the realization of responsibility. Considering the importance of this issue and the fact that it is a challenging issue in the field of ethics, the present article was formed with the aim of investigating the moral foundations of fault-based responsibility in realizing civil liability by comparing the legal system of Iran and the common law system.
Conclusion: The basics of the theory of fault has a deep connection with ethics because the good faith and bad faith of the actor play a significant role in compensation. In the developments that have occurred in the theory of fault and led to the emergence of a new theory of fault, although social concepts It has been given more attention and ethical standards have been criticized, but Madakah in the mentioned theory shows its moral significance. The role of fault in compensating for damages is when the defendant commits ignorable negligence, and according to the law, the judge is given the authority to reduce the number of damages for the defendant, because in the moral theory, the responsibility is only based on the intent of the defendant.
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| Keywords: Fault, morality, Civil responsibility, Iranian law, Common law |
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Full-Text [PDF 1041 kb]
(18 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2023/08/5 | Accepted: 2023/10/7 | Published: 2025/01/29
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