collective liability a just solution in the tort of mental disabled
نویسندگان
چکیده
mental disabled, according to the individual tort system is consider being liable if causes damage to another person. this rule seems not to be fair. in this article two solutions are proposed: first, fault presumption obtained by extensive interpretation of article seven of tort act and second authority conferred to judges by article 7 of the same act. but the just and final solution is the creation of garanty fond based upon daman aquele opinion. by this way, collective liability would be applied. mental disabled, according to the individual tort system is consider being liable if causes damage to another person. this rule seems not to be fair.
منابع مشابه
tortious liability of mental disabled in iranian civil code
the mental disabled are not regarded responsible for their harmful behavior as they are unable to realize the harmful effect of their conduct. thus their behavior cannot be considered as culpable and they are not at fault in a moral sense. however french law (art. 489- 2 code civil) and iranian law (art. 1216 iranian civil code), impose legal liability to such persons for their tortiuos behavio...
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عنوان ژورنال:
مطالعات حقوق خصوصیجلد ۴۱، شماره ۲، صفحات ۲۲۵-۲۳۸
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