The effect of committing the illegal act of the Injured party in Civil Liability In Imamiye Jurisprudence and Iranian Law

Document Type : Research Article

Authors

1 Associate Professor, Department of Private Law, Faculty of Islamic Studies and Law, Imam Sadiq University, Tehran, Iran.

2 Ph.D. private Law of Imam Sadeg(as) University

Abstract

The Compensation of damages has always stressed In shia Jurisprudence and Iranian law. The legislator considers compensation for the losses caused. However, some factors such as self-defense and consent knowns as a defense and civil liability despite the existence of elements, in this case ruled out compensation in through put. About illegal act of Injured party to be considered as defense, although There has been no separate discussion between jurists and lawyers, but compared to some of the examples raised serious disagreement between them. By exact study this subject in some reliable sources available can say the committing an illegal act in some cases no effect on the civil liability and he is required to compensate for losses incurred, In other cases the illegal act of injured party in accordance with the defence and destroys responsibility.

Keywords

Main Subjects