A Comparative Study of Structure of Civil Liability in Common Law System and Law of Islam

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Babayi Iraj; Keshavarz Ismaeil

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Paper Information

Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2018 | Volume:5 | Issue:1 (15) Page(s): 1-24

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Information Journal Paper

Title

A Comparative Study of Structure of Civil Liability in Common Law System and Law of Islam

Author(s)

Babayi Iraj | Keshavarz Ismaeil | Issue Writer Certificate

Keywords

Breach of RightQ1

TortQ1

PluralismQ1

ConsequentialismQ1

Abstract

From a long time ago up to now, the structure of civil liability in Common Law has been right-centered and based upon prohibited behavior formatted on forms of the action and focused on the effects and consequences of human action against rights of others. There is an increasing index of Torts in Common Law each of which has its own title and specific elements and conditions. However, with the appearance of negligence and focusing on the general duty of care, the elements of a duty-centered and task-oriented structure were mixed with the previous one. This structure is a pluralistic one in terms of four indicators namely unity or plurality of Tort and Contract, Tort and Crime, general basis of civil liability, and examples of Torts. In addition, the structure of our jurisprudential regime has been a right-based and consequential one based on the diversity of forms of human interference in different types of protected rights and interests. This structure is a pluralistic one in the sense of unity or plurality in three categories namely Tort and contract, Tort and crime and examples of Torts. Nevertheless, it is regarded as an unitarianist and causative liability-focused structure in terms of unity or plurality concerning the general basis of civil liability.

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APA: Copy

Babayi, Iraj, & Keshavarz, Ismaeil. (2018). A Comparative Study of Structure of Civil Liability in Common Law System and Law of Islam. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 5(1 (15) ), 1-24. SID. https://sid.ir/paper/262102/en

Vancouver: Copy

Babayi Iraj, Keshavarz Ismaeil. A Comparative Study of Structure of Civil Liability in Common Law System and Law of Islam. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2018;5(1 (15) ):1-24. Available from: https://sid.ir/paper/262102/en

IEEE: Copy

Iraj Babayi, and Ismaeil Keshavarz, “A Comparative Study of Structure of Civil Liability in Common Law System and Law of Islam,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 5, no. 1 (15) , pp. 1–24, 2018, [Online]. Available: https://sid.ir/paper/262102/en

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