PLACE OF ASSESSMENT OF AMOUNT OF DAMAGE IN A CIVIL LIABILITY CASE FROM THE VIEWPOINT OF IMAMITE JURISPRUDENCE AND STATUTE LAW OF IRAN

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ALSHARIF MOHAMMAD MAHDI; SAEIDI SOMAYYEH

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Journal: Islamic jurisprudence Resaerch Year:2014 | Volume:10 | Issue:1 Page(s): 167-196

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Title

PLACE OF ASSESSMENT OF AMOUNT OF DAMAGE IN A CIVIL LIABILITY CASE FROM THE VIEWPOINT OF IMAMITE JURISPRUDENCE AND STATUTE LAW OF IRAN

Author(s)

ALSHARIF MOHAMMAD MAHDI | SAEIDI SOMAYYEH | Issue Writer Certificate

Keywords

ASSESSMENT OF DAMAGEQ2

CIRCUMSTANCESQ2

INJURED PERSONQ2

LOSSQ3

PLACE OF DAMAGEQ2

Abstract

If the price of the lost property in the different places is not equal, the judge in civil liability case is faced with this question that to which of these prices should be sentenced? In this paper after propounding and reviewing different views, it has been tried to be presented a criterion for determination of the competent place to assess the amount of damage according to sound tradition of «Abi Vallad». The criterion that is preferred over other options in this text with regard to mentioned tradition is the habitat place of INJURED PERSON. Since the article 3 of the civil liability act has required the judge to determine the amount of damage based on the CIRCUMSTANCES of the case and as the habitat place of the INJURED PERSON and the value of the lost property at that place is one of the situations affecting on the rate of the LOSS incurred by him, the theory of ASSESSMENT OF DAMAGE based on the price of the habitat place of the INJURED PERSON can be accepted in the Legal System of Iran.

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APA: Copy

ALSHARIF, MOHAMMAD MAHDI, & SAEIDI, SOMAYYEH. (2014). PLACE OF ASSESSMENT OF AMOUNT OF DAMAGE IN A CIVIL LIABILITY CASE FROM THE VIEWPOINT OF IMAMITE JURISPRUDENCE AND STATUTE LAW OF IRAN. ISLAMIC JURISPRUDENCE RESEARCH, 10(1), 167-196. SID. https://sid.ir/paper/220920/en

Vancouver: Copy

ALSHARIF MOHAMMAD MAHDI, SAEIDI SOMAYYEH. PLACE OF ASSESSMENT OF AMOUNT OF DAMAGE IN A CIVIL LIABILITY CASE FROM THE VIEWPOINT OF IMAMITE JURISPRUDENCE AND STATUTE LAW OF IRAN. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2014;10(1):167-196. Available from: https://sid.ir/paper/220920/en

IEEE: Copy

MOHAMMAD MAHDI ALSHARIF, and SOMAYYEH SAEIDI, “PLACE OF ASSESSMENT OF AMOUNT OF DAMAGE IN A CIVIL LIABILITY CASE FROM THE VIEWPOINT OF IMAMITE JURISPRUDENCE AND STATUTE LAW OF IRAN,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 10, no. 1, pp. 167–196, 2014, [Online]. Available: https://sid.ir/paper/220920/en

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