Juridical and Legal Possibility of Compensation Caused by the Ownership of Dangerous Objects

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Daryaei Reza; Karbala'ei Aghazadeh Mustafa

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2020 | Volume:11 | Issue:20 Page(s): 213-236

Download Full-Text

Persian Verion

View:

389

Download:

Cites:

Information Journal Paper

Title

Juridical and Legal Possibility of Compensation Caused by the Ownership of Dangerous Objects

Author(s)

Daryaei Reza | Karbala'ei Aghazadeh Mustafa | Issue Writer Certificate

Keywords

Civil liabilityQ1

Compulsory guaranteeQ1

BehaviorQ1

OwnershipQ2

Dangerous goodsQ1

Abstract

The topics of “ Civil liability” in law are discussed under the heading of “ Compulsory guarantee” in jurisprudence. High precision (scrutiny) in the use of Compulsory guarantee contributories in jurisprudence indicates, that, this is the “ person’ s Behavior” that plays a central role in the guarantee. The emphasis on the necessity of attributing wasted property to Islamic law Behavior raises this question of whether Ownership or on the other hand the domination of property over object of sell can also be regarded as Compulsory guarantee contributories as well as the rules of destruction and ala al-yad (under fiduciary capacity)? In other words, can a person be the guarantor of damages by means of the Ownership or domination of property without invoking damage refers to the Behavior of the owner? The research has shown that Ownership of Islamic law is a set of rights that allows one to use it, without the right of use oppositely, the right of exploitation and the right of occupation applied by a person shall be guaranteed his or her Ownership. However, in order to preserve the social norms and social expedients of present era that result in the production of dangerous objects and the infliction of increased damage to persons, a solution must be sought to hold the owner accountable for the damages caused by the Dangerous goods which were under their control. According to the authors, based on the Imamiyyah jurisprudence and with regard to the distinction between the concepts of “ responsibility” and “ guaranty” , it can be used theories of Civil liability in law, which are equated with the necessity of compensation, as well as the compulsory provision of insurance coverage and the recognition of the rational nature of guarantee.

Cites

No record.

References

No record.

Cite

APA: Copy

Daryaei, Reza, & Karbala'ei Aghazadeh, Mustafa. (2020). Juridical and Legal Possibility of Compensation Caused by the Ownership of Dangerous Objects. CIVIL JURISPRUDENCE DOCTRINES, 11(20 ), 213-236. SID. https://sid.ir/paper/227231/en

Vancouver: Copy

Daryaei Reza, Karbala'ei Aghazadeh Mustafa. Juridical and Legal Possibility of Compensation Caused by the Ownership of Dangerous Objects. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2020;11(20 ):213-236. Available from: https://sid.ir/paper/227231/en

IEEE: Copy

Reza Daryaei, and Mustafa Karbala'ei Aghazadeh, “Juridical and Legal Possibility of Compensation Caused by the Ownership of Dangerous Objects,” CIVIL JURISPRUDENCE DOCTRINES, vol. 11, no. 20 , pp. 213–236, 2020, [Online]. Available: https://sid.ir/paper/227231/en

Related Journal Papers