Review, deliberate fault in the field of civil liability in iranian and french law

• Autores: Akbar Bashiri, Khosrow Khosrowi, Kazem Nasiri Chianeh
• Localización: Quaestio Iuris, ISSN-e 1516-0351, Vol. 12, Nº. 2, 2019, págs. 557-578
• Idioma: inglés
• Enlaces
  • Texto completo
• Resumen

  • Iranian jurisprudence and law are based on the principle of the humiliation responsibility and the absolute responsibility is familiar so there is a need for clear legislation. Humiliate is the victim and wastage of human behavior in the external circumstances of the incident. Also, by accepting the idea of a kind of humiliation in Iranian and French people the lack of clear non-point like maniacs are also responsible under the circumstance. Humiliation is divided into a different variety, sometimes based on material element (action and omission), sometimes based on spiritual element (contempt intentional and unintentional) are divided. Due to its deliberate humiliation in the context of the basic conditions is important and the intention intentional infliction of humiliation decisions. Sometimes heavy fault committed and the circumstances of the loss are presumptively for the detection of deliberate humiliation. The tools created the loss; the responsibility is with the conventional and original tools with the community in creating losses, the dividing responsibility should be on the effect rate of the tools and the Article 526 F.M.I are mere observer that the affecting any of the tools are equal. Force majeure objective or absolute responsibility such as anger does not read in responsibility but assuming responsibility based on humiliation and contempt Read exempt returns claim of responsibility.