نوع مقاله : مقاله پژوهشی
نویسنده
دانشآموخته دکتری حقوق خصوصی، دانشگاه تربیت مدرس، پژوهشگر مرکز ملی حقوق سلامت، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Based on the well-known jurisprudence and law of Iran, the fault doesn't has independent function in the civil liability system and only is a means to establish causal relationship in civil liability. This conclusion is based on the surface of traditions in this field and is in conflict with certain principles such as the nought of civil responsibility principle, freedom of trade and the sanctity of work and efforts in Islamic jurisprudence. For this reason, it seems that, Contrary to the views of those who do not recognizes the fault as a stand-alone requirement in civil liability, at least in cases of causing loss, has substantial role, even based on rules such as principle of harm, the conduct of the wise, etc., which are draft to reject the independence of the fault can not use the elements in the moral theory of corrective justice to deny the effects of the element of fault as a supreme principle and a independent pillar in civil liability. In this research, through a descriptive-analytic approach, is tried to analyze the role of fault in civil liability as a stand- alone element.
کلیدواژهها [English]
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