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Ethical Foundations of the Exceptions of the Cairo Authority from Affecting the Obligations in the Period of Widespread Diseases
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M.R Hosjyar1   , M Zareh2 |
1- Ph.D. Student in Private Law, Larestan Branch, Islamic Azad University, Fars, Iran
2- Dept. of Law, Larestan Branch, Islamic Azad University, Fars, Iran , mehdizare.dr@gmail.com |
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Abstract: (967 Views) |
Background: Force majeure refers to an unforeseeable, uncontrollable, and out-of-control incident that cannot be attributed to the intended person. From an ethical point of view, a necessary condition for being responsible for the consequences of a subject is the voluntary performance of the act. For this reason, the authority of Cairo makes it impossible or difficult to execute a contract. With the emergence of topical issues such as widespread diseases such as what emerged in the Corona pandemic, the discussion of the power of Cairo and the exceptions it imposes on obligations has also spread to the moral field. Therefore, the present study has investigated the ethical bases of the exceptions of the Cairo Authority from affecting obligations during the period of widespread diseases.
Conclusion: The exceptions of Cairo's authority in pandemic conditions are different from its exceptions in snooping transactions, stolen property, derived from Balsam. In the discussion of the exceptions of Cairo's authority in pandemic conditions, these exceptions can be achieved based on the moral principles of guilt and voluntary and optional performance of the act. According to the ethical principles, exceptions apply to the authority of Cairo on obligations during the epidemic period, the most important of which is the issue of negligence and deception, and then the moral will to fulfill the obligation and honesty to fulfill the obligation after the epidemic period. |
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| Keywords: Cairo Authority, Fault, Ethics, Commitment, Payment of Damages |
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Full-Text [PDF 468 kb]
(493 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2023/08/11 | Accepted: 2023/10/16 | Published: 2024/11/28
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