A New Theory on the Civil Liability of Minors and Mental Patients

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Safaei Seyyed Hossein; Abin Alireza

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Journal Paper

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Journal: Human Sciences Development Year:2024 | Volume:4 | Issue:8 Page(s): 5-25

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Title

A New Theory on the Civil Liability of Minors and Mental Patients

Author(s)

Safaei Seyyed Hossein | Abin Alireza | Issue Writer Certificate

Keywords

Civil Liability

minor

insane

mental illness

objective criterion

subjective criterion

Fault

multi criterion

Comparative Law

Abstract

In this paper, the discussion about the Civil Liability of minors and mental patients has been discussed in the form of a comparative study, with the descriptive-analytical research method. And this central question has been answered that basically, what criteria should be used to measure the harmful behavior of minors and people with mental disorders? . A look at the history of Civil Liability clearly indicates that the law of Civil Liability has always been at a dilemma in answering this question: On the one hand, emotional, moral, fairness and substantive justice issues require the determination or modification of the civil liability of these people, and on the other hand, the final goal of the law of Civil Liability, i. e. restoring the previous situation and compensating for unjustified losses, complex personal explorations, mental and psychological explorations encountered with serious doubts! . These doubts have caused the legal systems to choose different points of view in this regard: Some have taken the side of the loser and defended the rule of objective criteria in the law of Civil Liability. And some people are also inclined towards supporting the minor and the insane and have adopted the subjective criterion of Fault,Despite this, it seems that we should choose a middle approach and use the " Relative objectivity " criterion as a criterion for evaluating the behavior of minors and patients with mental disorders and based on this, proposed a more flexible and disciplined interpretation of "conventional behavior" in Articles 951 to 953 of the Civil Code.

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