پژوهش‌نامه حقوق اسلامی (Aug 2019)

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

  • Seyyed Mostafa Sa'adat Mostafavi,
  • Ehsan Tohidimehr

DOI
https://doi.org/10.30497/law.2019.2535
Journal volume & issue
Vol. 20, no. 1
pp. 25 – 50

Abstract

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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.

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