نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار، گروه حقوق خصوصی، دانشکده حقوق، دانشگاه قم، قم، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The concept of civil responsibility is part of involuntary liability and consists of several components. Among these foundational elements, the basis itself plays a more prominent and essential role; thus, identifying the foundation or foundations of civil responsibility is highly significant in all legal systems. Can pure dominance (without actual destruction or utilization) be considered one of the bases of civil responsibility and grounds for involuntary liability in Iranian jurisprudence and law? This question gains additional importance as most available civil responsibility literature does not mention this concept alongside other bases of civil responsibility, and most legal scholars have set it aside without clear justification. This paper aims to answer this question using descriptive, critical, and analytical methods and to critique related arguments and academic practices. According to this study’s findings, pure dominance is an important foundation of civil responsibility and involuntary liability in Iranian jurisprudence and law. It seems to be a unique feature of this legal system, providing broader avenues for compensation and lacking an equivalent institution in other legal systems.
کلیدواژهها [English]
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