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Journal: 

Medical Law

Issue Info: 
  • Year: 

    2020
  • Volume: 

    14
  • Issue: 

    54
  • Pages: 

    183-213
Measures: 
  • Citations: 

    1
  • Views: 

    2150
  • Downloads: 

    0
Abstract: 

Protecting nature and preserving its health is emphasized by different religions and human mind. Enjoying a healthy environment is a fundamental human right. Any damage to the environment requires compensation of damages incurred, which is within the scope of civil liability. The key question here is what is the nature of civil liability for Environmental damage? How does choosing the right nature affect adopting the right basis for civil liability for Environmental damage and its effects? In this descriptive-analytical paper, the combined nature of public and private law has been considered for civil liability resulting from Environmental damage. In terms of government's supervision role in manufacturing and industrial activities and its ability to sue people who incur damage to the environment, this responsibility is subject to public law and in terms of the possibility of compensation claim where a human, besides nature, has been damaged (in accordance with the general rules of civil liability) this liability is subject to private law. By choosing this trend, principles such as doctrine (theory) of fault or theory of risk as the basis of civil liability for Environmental damages appear to be incompatible with the said compositional nature. The accepted jurisprudential basis to guarantee the right of the damaged (nature or human) is "respect" theory. The theory of "Strict liability" is also legally acceptable regarding the role of deleterious person and difficulty of proving fault and with regard to the characteristics of Environmental damage. In what follows, given this compositional nature and mixed basis, compensation methods and competent court procedures have been elaborated to file an action of civil liability against Environmental damages.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    20
  • Issue: 

    3 (62)
  • Pages: 

    99-108
Measures: 
  • Citations: 

    0
  • Views: 

    304
  • Downloads: 

    0
Abstract: 

Purpose context: Nowadays, the position of Environmental protection is considered as an important and desirable matter. This issue becomes important to the extent that legal indicators are considered for it. The explanation and discussion of civil responsibility and the recognition of rightness and wrongness and the selection of each of its topics, including the theory of fault or risk, as well as citing jurisprudential theories such as harm, are among the important matters investigated in this structure. The purpose of this research is to examine Environmental issues within the framework of civil responsibility and the procedure of instruments and responsibility as well as the existing legal regime. This research seeks to present and analyze the theoretical foundations of the necessity of civil responsibility evolution due to Environmental destruction using the sources and foundations available in the theories of civil responsibility with a view to the existing legal regime. Research method: The present research was written based on library studies, descriptive and analytical method, and based on review findings. Findings: The weakness of civil liability rights guarantees and the inadequacy of administrative measures strengthen the aforementioned necessity, however, the application of civil liability rights to protect the environment requires consideration of requirements that cannot be considered without paying attention to them. The rights were hopeful. Discussion and conclusion: In this research, an attempt has been made to show why civil responsibility in the field of Environmental damage needs to evolve, especially based on jurisprudence and legal doctrines. The most important achievement of this research is to recognize those theories of civil responsibility for Environmental protection from the point of view of jurisprudence and law, which are compatible with the fundamental philosophy of maximum Environmental protection.

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Title: 
Writer: 

SEYEDAN HABIBOLLAH

Issue Info: 
  • Year: 

    2006
  • Volume: 

    14
Measures: 
  • Views: 

    159
  • Downloads: 

    0
Abstract: 

SHIPPING IS A SERVICE IN NATURE WHICH HAS BEEN USED BY HUMAN BEING FROM THE VERY BEGINNING FOR CONTRIBUTION TO ECONOMIC SITUATION AND RAPID MOVEMENT OF CARGO. WITH THE PASSAGE OF TIME, THIS IMPORTANT TOOL WAS USED BY THE GOVERNMENTS FOR BOOSTING THE NATIONAL ECONOMY. IN THE OTHER HAND, SHIPPING ACTIVITIES ALWAYS EMBRACE NEW AND MODERN TECHNOLOGIES AS WELL AND HAS PLAYED A GREAT ROLE IN INTERNATIONAL TRANSACTIONS.IT IS OBVIOUS THAT THE SHIP ITSELF IS NOT A COMMODITY BUT IT IS A TOOL FOR MOVEMENT OF CARGO WHICH IS A GREAT AND IMPORTANT SERVICE. IN IRAN THERE IS NOT ANY MECHANISM MAKING SHIPPING ACTIVITIES COMPETITIVE LIKE THOSE OF ADVANCED COUNTRIES. UNFORTUNATELY, IN IRAN, SHIP IS CONSIDERED AS A COMMODITY ITSELF. AS AN INSTANCE, CUSTOM FORMALITIES RELATED TO CARGO CLEARANCE REQUIRE THAT THE SHIP OWNERS MUST PAY 5% OF THE TOTAL VALUE AS THE CUSTOM DUES. THIS RULE APPLIES TO ALL KINDS OF SHIPS. THIS IS INDICATIVE OF THAT FACT THAT IN IRAN THE SHIP IS TREATED AS A COMMODITY LIKE THE OTHER GOODS. THIS ISSUE IS NOT THE SAME AS IT IS IN IRAN.

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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2011
  • Volume: 

    41
  • Issue: 

    1
  • Pages: 

    313-326
Measures: 
  • Citations: 

    1
  • Views: 

    1818
  • Downloads: 

    0
Abstract: 

Nowadays the Environmental civil liability regime has wake fundaments. This article attempts to analysis the new evolutions in the fundaments of Environmental civil liability theories in Islamic jurisprudence and Environmental law.so this paper is divided in tow sections and one introduction. Part I study contemporary legal approaches in Environmental civil liability and Part II explain and developed the Jurisprudence theories in this context. the principal thesis of this paper emphasis, despite of contemporary legal theories about Environmental damage we can find especial legal theories in the Jurisprudence (or Islamic Environmental Law) can developed and protected environment in best way and provides alternative legal theories for modern Environmental law.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    6
  • Issue: 

    73
  • Pages: 

    19-38
Measures: 
  • Citations: 

    0
  • Views: 

    94
  • Downloads: 

    0
Abstract: 

The environment is one of the most important issues today, which is at the forefront of international affairs, given the catastrophes we are witnessing today. These catastrophes are caused by the damage done to the environment by individuals or governments; the damages that must be compensated by them, that is, they have civil liability. Environmental civil liability is defined in both international and Iranian law, but there may be different definitions for determining the type of civil liability. Now the question is, in case of damage to the environment, what is the resulting civil liability in Iranian law and international documents? Therefore, in this article, we will study the nature of civil liability in Iranian law and international documents analytically-descriptively and with a library method, and we will examine how to compensate them and their strengths and weaknesses. Research shows that absolute liability in this situation is the best type of civil liability that can be applied to Environmental damage, and that is why this type of liability has been adopted in international documents, but in Iranian law, civil liability is based. It is the fault that it also applies to Environmental damage, which is not commensurate with the nature of the environment.

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Author(s): 

ABBASLOO BAKHTIAR

Journal: 

AZAD LEGAL RESEARCHES

Issue Info: 
  • Year: 

    2008
  • Volume: 

    -
  • Issue: 

    2
  • Pages: 

    49-69
Measures: 
  • Citations: 

    0
  • Views: 

    3557
  • Downloads: 

    0
Keywords: 
Abstract: 

Because police work involves risky split-second deisions, officers become subject to a wide range of investigations, complaints, and legal against them When police fail to  perform them negligently, or abuse their authority ,the possibility of civil liability exists. Police may be responsible in the following cases: civil liability for police use of excessive force. police civil liability for failure to protect, police civil liability for negligent pursuits, police civil liability for failure to arrest intoxicated drivers ,police civil liability for failure to prevent detainee shicide and the liability of traffic officers. We have defind in the article legal foundations for police civil liability and exemptions.

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Journal: 

civil LAW KNOWLEDGE

Issue Info: 
  • Year: 

    2023
  • Volume: 

    12
  • Issue: 

    23
  • Pages: 

    117-132
Measures: 
  • Citations: 

    0
  • Views: 

    55
  • Downloads: 

    0
Abstract: 

Defense based on civil liability is divided into different categories based on its multiple meanings and diverse functions. One of the important types of defense in civil liability is the defense based on limiting the amount of responsibility, the proof of which without negating the responsibility of the defendant, simply reduces the scope of the defendant's responsibility and the amount of damages payable by him. Despite the importance of defenses based on the limitation of liability in harmonizing the rules of civil liability in terms of compensation and also creating a favorable legal order in civil liability claims, the examination of this type of defense as an independent topic in our legal system has been neglected. The current research, with descriptive analytical methods and with the approach of emphasizing the civil responsibility of the police, seeks to provide a coherent basis for the classification of defense types based on the limitation of responsibility in civil liability lawsuits through a systematic interpretation of domestic laws. In this regard, three general categories of defenses based on liability limitation in civil liability lawsuits can be identified and examined that are respectively based on the defense based on role of the victim in connection with the accident (including the contributory negligence of the victim and also the breach of the duty to mitigate damages), the defense based on intervention of third parties and Multiple Tortfeasors in the occurrence of the accident and in the end, the defense based on good faith of the Tortfeasor is divided.

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Author(s): 

Mohajer Mina | Nezhad Moghaddam Zanjani Niloufar

Issue Info: 
  • Year: 

    2022
  • Volume: 

    20
  • Issue: 

    3
  • Pages: 

    105-116
Measures: 
  • Citations: 

    1
  • Views: 

    310
  • Downloads: 

    107
Abstract: 

Introduction: All people are responsible for Environmental protection. This means that any person obliges to compensate for any damages which is called legal responsibility. In this paper, the relation between civil liability and social responsibility in the context of Environmental responsibility is explored. Material and methods: This research is conducted qualitatively by context analysis approach. National as well as international documents related to civil liability, corporate social responsibility and Environmental responsibility of people and their interconnections were defined and evaluated by library studies. To explore the relationship between Environmental civil liability and social responsibility, their parameters were analyzed separately, and their districts, objectives and principals were analyzed comparatively. To understand the relationship between Environmental civil liability and social responsibility, first they were analyzed separately; then, in terms of territory, goals, customary practice and pillars, an analytical comparison was made between these two responsibilities and in each section, it is stated which of the logical relations is established between them. Results and discussion: Results showed that there is a logical relation between civil liability and social responsibility in which there are some common features between them in term of considering social values. However, there are differences between these two responsibilities in which civil liability is merely considering present needs and values, while social responsibility considers present and future generations simultaneously. Conclusion: There is a structural difference between civil liability and social responsibility in the context of Environmental protection in which civil liability as a branch of legal responsibility is going to improve social life, while social responsibility is seeking to upgrade human-environment relation to protect the environment. In civil liability, the main objective is to compensate damages to people and assets, while social responsibility emphasizes to prevent Environmental damage.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    23
  • Issue: 

    4 (107)
  • Pages: 

    53-66
Measures: 
  • Citations: 

    0
  • Views: 

    328
  • Downloads: 

    0
Abstract: 

Mining of cryptocurrencies is one of the important phenomenon attracting the attention of a great number of people due to its tremendous profit; however, the said profit for a limited number of people is turning into a challenge for the planet earth. As a result, an increase in the power demand causes an increase in the greenhouse gas emission and eventually leads to two degrees of global warming. This is a library research using the inductive-deductive method. Beside reviewing the equation ratio of “ environment” and “ economy resulted from Mining cryptocurrency” , this research suggests some strategies for prevention of the said problems and reviews the civil liability of Mining of such currencies. It is concluded that the Mining should bear the consequences of their profitability based on the theories of “ No-Damage” and “ Risk” and they should try to compensate the damages. Taking into account the existing complex situation of the environment, the method of compensating the damages is in line with the reality.

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Author(s): 

RAHMANI MEHDI

Issue Info: 
  • Year: 

    2018
  • Volume: 

    2
  • Issue: 

    7
  • Pages: 

    387-398
Measures: 
  • Citations: 

    0
  • Views: 

    1082
  • Downloads: 

    0
Abstract: 

Civic Litigation is due to an error in counseling to the responsibilities of legal counseling, psychological counseling, sports instructor, economic advisers, and related companies, the responsibility of the clerks and religious scholars in their counseling and other types of free counseling. This topic The first question about the responsibility of the priests is whether they are liable for any religious and social consultations that they give to the people in the event of errors and damages? Also, the most important issues in this regard are the responsibility of legal advisers and medical advisers, under which circumstances they can lodge a lawsuit against them. civil liability due to consultation error is the responsibility of the counseling activity. This term refers to religious institutions that provide a variety of counseling services, which may lead to a failure to provide counseling to the institution's responsibility. In addition, psychologists, physicians, social workers, legal counselors may also face litigation in providing counseling services. As a result, insurance companies specialize in insurance companies in American and European countries, and cover these types of job losses.

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