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Analysis of Extradition Liability and Its Place in Terms of Responsibility and Ethics
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Abstract: (329 Views) |
Background: One of the new principles of responsibility that is accepted in the international legal system and is cited along with other rules in order to establish justice and prevent unjust enrichment is the theory of restitutionary or interest-based responsibility. From the damage caused to the victim or from the compensation considered by the law and court procedure, he gets benefits that he is not entitled to. In this case, the wrongful person cannot be required to return by reference to the rules of civil liability and coercive guarantee. This rule can be justified from an ethical point of view, because the basis of ethics is justice, and justice is the creation of a balance between all values and goals. Therefore, in the current study, the research goal is to analyze restitutionary responsibility and its place in terms of responsibility and ethics.
Conclusion: Although in Iranian law influenced by Islamic jurisprudence, restitution liability can be identified, but it has been neglected in court practice and doctrine, and the means of coercive guarantee in jurisprudence and law alone are not able to create new and changing examples of unjust and unjust cases. fully cover them, therefore, "Guarantee of benefits", "Not profiting from mistakes" and "The rule of sanctity of the mind of property and falsehood" as legal rules and as moral foundations, can be the basis for designing a new source of responsibility in Iran's laws are under the title of "extradition responsibility" and explain its conditions and effects. |
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| Keywords: Extradition responsibility, Interest-based responsibility, Civil responsibility, Ethics |
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Full-Text [PDF 476 kb]
(385 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2023/10/29 | Accepted: 2023/12/30 | Published: 2024/07/23
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