Compensatory and Alimentary Obligations in Civil Responsibility
The obligation to compensate damage, as the main goal of civil responsibility, is an evident and global necessity. Nowadays, the extension of concept of damage and review of basis of obligation had led to the development of civil responsibility. However, all the consequences of harmful act have not...
Main Author: | |
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Format: | Article |
Language: | fas |
Published: |
Semnan University
2017-12-01
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Series: | مطالعات فقه و حقوق اسلامی |
Subjects: | |
Online Access: | https://feqh.semnan.ac.ir/article_2778_46e235423f73882694a9efc894f44359.pdf |
Summary: | The obligation to compensate damage, as the main goal of civil responsibility, is an evident and global necessity. Nowadays, the extension of concept of damage and review of basis of obligation had led to the development of civil responsibility. However, all the consequences of harmful act have not a similar character and thinking on this matter represents the difference between the natures of cases of compensation. Therefore, it appears that distinguish between the alimentary and reparation that doer is obliged to compensate. Although civil responsibility in social transformation, has admitted the function of some other institutions, but the main goal of responsibility, is reparation and imposition of some costs on the cause of the accident make transformation in it’s compensatory role to obligatory function that is out of civil responsibility. The separation of compensatory and alimentary obligation have different outcomes that their analysis can provide the goals in civil liability, ensure the rights of the parties and social security. |
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ISSN: | 2008-7012 2717-0330 |