Comparative Study of Civil Liability of the Owner or the Occupier to Permitted and Non-permitted Visitors in English Law and Islamic Legal System
Abstract: The liability arising from property is always one of the most significant issues in the sphere of civil responsibility. Due to the importance of immovable property, as well as the extent of the damage caused by this property, the liability of owners and occupiers has always been considered...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
University of Qom
2017-08-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
| Subjects: | |
| Online Access: | https://csiw.qom.ac.ir/article_1089_ad9be08543db91532b8ece76da73ce3b.pdf |
| Summary: | Abstract: The liability arising from property is always one of the most significant issues in the sphere of civil responsibility. Due to the importance of immovable property, as well as the extent of the damage caused by this property, the liability of owners and occupiers has always been considered to the visitors in estates. In this article, it is attempted to study in detail the responsibility of the occupier or the owner to the permitted and non-permitted visitors under English law and the Islamic legal system. In summary, it can be said that the owner or the occupier has a "common duty of care" to the permitted visitor and shall be held liable in the case of breach of this duty. In spite of the fact that principally there were no responsibility for the owner or the occupier to non-permitted visitors neither the English Law nor in Islamic and Iranian legal system in the past, nowadays, through expansion of the conception of duty to care or on the basis of customary invoking, it is possible to recognize the responsibility for the owner or the occupier. |
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| ISSN: | 2476-4213 2476-4221 |