CRITERION FOR LIABILITY

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ALIDUST ABOLGHASEM; BIE HUSSEINALI

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Journal Paper

Paper Information

Journal: FEQH-E AHL-E-BAIT Year:2012 | Volume:18 | Issue:70-71 Page(s): 48-105

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Information Journal Paper

Title

CRITERION FOR LIABILITY

Author(s)

ALIDUST ABOLGHASEM | BIE HUSSEINALI | Issue Writer Certificate

Keywords

LIABILITYQ2

CRIMEQ2

HARMQ2

CAUSEQ2

ACCOMPLICEQ2

LOSSQ2

Abstract

Since a clear criterion has not been mentioned for LIABILITY in religious scriptures and as a result jurisprudents and those who have written the law have only mentioned some instances of LIABILITY, problems have occurred for the courts of law. This article has been written to address the necessity of introducing a criterion to be referred to in cases that are unclear and are not mentioned in scriptures. The outcome of this study is that the criterion for LIABILITY is the one whom the CRIME is referred to not other criteria such as aggressive nature of the act or negligence of the perpetrator. Based on this, to consider someone liable it suffices the LOSS and HARM be referred to him/her; whether the act has been aggressive or not and whether the perpetrator has been negligent or not. Relying upon this rule, when there are a number of CAUSEs LIABILITY should be attributed to someone whom the CRIME is referred to by the common sense. If the LOSS and HARM are referred to more than one source by the common sense then each one will be liable proportionately.

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APA: Copy

ALIDUST, ABOLGHASEM, & BIE, HUSSEINALI. (1391). معیار ضمان. فقه اهل بیت علیهم السلام, 18(70-71), 48-105. SID. https://sid.ir/paper/90877/en

Vancouver: Copy

ALIDUST ABOLGHASEM, BIE HUSSEINALI. معیار ضمان. فقه اهل بیت علیهم السلام[Internet]. 1391;18(70-71):48-105. Available from: https://sid.ir/paper/90877/en

IEEE: Copy

ABOLGHASEM ALIDUST, and HUSSEINALI BIE, “معیار ضمان,” فقه اهل بیت علیهم السلام, vol. 18, no. 70-71, pp. 48–105, 1391, [Online]. Available: https://sid.ir/paper/90877/en

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