Effect of Force Majeure in Murder or Injury Arising from Omission

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GHOLAMREZA RAVI HADI; Yosefvand Mahmood

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Journal Paper

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Journal: ISLAMIC LAW AND JURISPRUDENCE STUDIES Year:2018 | Volume:10 | Issue:18 Page(s): 133-154

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Information Journal Paper

Title

Effect of Force Majeure in Murder or Injury Arising from Omission

Author(s)

GHOLAMREZA RAVI HADI | Yosefvand Mahmood | Issue Writer Certificate

Keywords

murderQ2

mayhemQ2

force majeureQ2

crime of omissionQ1

causingQ2

Abstract

According to the Civil Code, if because of some force majeure one cannot fulfill his obligation and because of this non-fulfillment, the other party bears some losses, the former will not be responsible. A question arises here: if this forced non-fulfillment of obligation results in injury or murder, is the obligated one responsible or not? In the Iranian Law as well as in Shi‘ i jurisprudence, nothing has been explicitly said regarding this point. From all arguments, however, it can be inferred that just like injury and murder which, if committed positively, create responsibility, the negative act, if it results in injury or murder, will cause penal responsibility for the committing one and so make him responsible before the victim. As for murder and injury, if there is some cause-and-effect relation between the act and result and conventionally the criminal result may be attributed to the agent, the committing one is responsible, otherwise he is not. Thus, if murder or injury is committed directly, since there is a cause-and-effect relation between the crime and agent then he is responsible and if it is committed indirectly, since there is no attribution relation, then he is not responsible.

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APA: Copy

GHOLAMREZA RAVI, HADI, & Yosefvand, Mahmood. (2018). Effect of Force Majeure in Murder or Injury Arising from Omission. ISLAMIC LAW AND JURISPRUDENCE STUDIES, 10(18 ), 133-154. SID. https://sid.ir/paper/383657/en

Vancouver: Copy

GHOLAMREZA RAVI HADI, Yosefvand Mahmood. Effect of Force Majeure in Murder or Injury Arising from Omission. ISLAMIC LAW AND JURISPRUDENCE STUDIES[Internet]. 2018;10(18 ):133-154. Available from: https://sid.ir/paper/383657/en

IEEE: Copy

HADI GHOLAMREZA RAVI, and Mahmood Yosefvand, “Effect of Force Majeure in Murder or Injury Arising from Omission,” ISLAMIC LAW AND JURISPRUDENCE STUDIES, vol. 10, no. 18 , pp. 133–154, 2018, [Online]. Available: https://sid.ir/paper/383657/en

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