Study of negligence as basis of civil liability of legal authority and official
The basis of civil liability of legal authority and official is important matter in Civil Liability Law that embracing complex and difficult subjects. Including theories which can propounded as the basis of liability of legal authority and official is Theory of Negligence. Therefore, it must general...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
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Semnan University
2014-06-01
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| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_1910_c355454282e292a07bc9587f1d8b3993.pdf |
| _version_ | 1797296415602376704 |
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| author | H. Badini A. Shahi |
| author_facet | H. Badini A. Shahi |
| author_sort | H. Badini |
| collection | DOAJ |
| description | The basis of civil liability of legal authority and official is important matter in Civil Liability Law that embracing complex and difficult subjects. Including theories which can propounded as the basis of liability of legal authority and official is Theory of Negligence. Therefore, it must generally study that what is the basis of liability of legal authority -in issuing of order- and official -in execution of it? If it is accepted the theory of negligence as basis of civil liability of legal authority and official, what are the limitations of above- mentioned theory. In these cases, is not the appearance of their civil liability depending on committing the negligence? In answering these questions, it is to say that the basis of liability of legal authority and official is general rule of negligence unless in some special cases - i.e wasting and indirect causation - element of negligence is not required in realization of civil liability and yet it is considered as exception in the mentioned rule. |
| first_indexed | 2024-03-07T22:04:23Z |
| format | Article |
| id | doaj.art-8c74e0012f4d4807a209ead8fa011fb8 |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:04:23Z |
| publishDate | 2014-06-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-8c74e0012f4d4807a209ead8fa011fb82024-02-23T23:17:13ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302014-06-01610598610.22075/feqh.2017.19101910Study of negligence as basis of civil liability of legal authority and officialH. Badini0A. Shahiدانشگاه تهرانThe basis of civil liability of legal authority and official is important matter in Civil Liability Law that embracing complex and difficult subjects. Including theories which can propounded as the basis of liability of legal authority and official is Theory of Negligence. Therefore, it must generally study that what is the basis of liability of legal authority -in issuing of order- and official -in execution of it? If it is accepted the theory of negligence as basis of civil liability of legal authority and official, what are the limitations of above- mentioned theory. In these cases, is not the appearance of their civil liability depending on committing the negligence? In answering these questions, it is to say that the basis of liability of legal authority and official is general rule of negligence unless in some special cases - i.e wasting and indirect causation - element of negligence is not required in realization of civil liability and yet it is considered as exception in the mentioned rule.https://feqh.semnan.ac.ir/article_1910_c355454282e292a07bc9587f1d8b3993.pdfcivil liabilitylegal authorityofficialnegligenceillegal orderwastingindirect causation |
| spellingShingle | H. Badini A. Shahi Study of negligence as basis of civil liability of legal authority and official مطالعات فقه و حقوق اسلامی civil liability legal authority official negligence illegal order wasting indirect causation |
| title | Study of negligence as basis of civil liability of legal authority and official |
| title_full | Study of negligence as basis of civil liability of legal authority and official |
| title_fullStr | Study of negligence as basis of civil liability of legal authority and official |
| title_full_unstemmed | Study of negligence as basis of civil liability of legal authority and official |
| title_short | Study of negligence as basis of civil liability of legal authority and official |
| title_sort | study of negligence as basis of civil liability of legal authority and official |
| topic | civil liability legal authority official negligence illegal order wasting indirect causation |
| url | https://feqh.semnan.ac.ir/article_1910_c355454282e292a07bc9587f1d8b3993.pdf |
| work_keys_str_mv | AT hbadini studyofnegligenceasbasisofcivilliabilityoflegalauthorityandofficial AT ashahi studyofnegligenceasbasisofcivilliabilityoflegalauthorityandofficial |