نتایج جستجو برای: collective liability would be applied.mental disabled

تعداد نتایج: 4427050  

Journal: :مطالعات حقوق خصوصی 0
حسن مرادزاده دانشگاه شهید باهنر کرمان

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 cr...

Journal: :مطالعات حقوق خصوصی 0
علیرضا یزدانیان استادیار گروه حقوق خصوصی دانشکدۀ علوم اداری و اقتصاد دانشگاه اصفهان

one of the evolutions in tort law is the colectivisation of civil liability. in the past, civil liability was collective and the effects of the person guilty haven imposed on the all members of family. then with developing of civilizations and with appearance of principle of personal liability, the collective liability has been changed to personal liability. but nowadays according to the opinio...

پایان نامه :وزارت علوم، تحقیقات و فناوری - دانشگاه پیام نور - دانشگاه پیام نور استان تهران - دانشکده حقوق 1389

if the precise implementation of the principle of proportion and:balance between the violation and the penalty as well as the other dimensions could be considered as a stick yard for the imptementation of justice any lack of preciseness in carrying out such principle would not indeed be much too far from injustice . naturally ,if it would be imagined that the objective of balance between...

Journal: :فقه و اصول 0
محمود حکمت نیا مسعود فیاضی

beneficence as a principle is one of the definite jurisprudential rules and a disclaimer of civil liability of the individual in terms of the loss enforced upon others during acts of collective good. this shall necessitate that beneficence include both subjective and practical good simultaneously. as regards beneficence to an individual other, it is necessary that the act itself be wasteful or ...

ژورنال: حقوق پزشکی 2020
Abbaslu, Bakhtiar, Ebrahimian, Nejatollah, Ghaffari, Sara, Ghasemi, Mohsen,

Compensation for damages caused by medical accidents is one of the important issues that have led to the transformation of social life into responsibility. The increasing number of accidents caused by medical practices and the consequent increase in casualties to patients makes it more than necessary to investigate the issue. While the legal system of some countries, including France, has taken...

Journal: :مجله مطالعات حقوق تطبیقی 0
زهره افشار قوچانی دانشجوی دکتری حقوق خصوصی دانشگاه قم محسن ایزانلو استادیار دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران

death is not the worst accident but sometimes birthday turns into a bad accident. in the problem of unwanted or disabled child as a result of medical fault, there have been doubts about the responsibility and opportunity to claim damages for years. but now the responsibility accepted by courts in different countries; parents according to contractual liability and disabled children according to ...

The discussion about the person's liability for the actions attributable to him before the stage of contracting is a new debate that has been attracted the attention of legal circles. According to this debate, the person’s freedom of contracting does not implement the person’s freedom to ignore the rights and interest of other party. As a result, it would be possible that contracting person con...

Journal: :مطالعات حقوق خصوصی 0
محسن ایزانلو دانشکده حقوق و علوم سیاسی، دانشگاه تهران حسن پاک طینت دانشکده حقوق و علوم سیاسی، دانشگاه تهران

where the debtor fails to perform the contract, he would have contractual liability. (this amount to contractual liability of the debtor) can debtor have the right to ignore contractual liability and invoke for tortuous? right to choose is definitely raised where non-performance of contract amounts to contractual liability as well as tortuous liability. some confirm this right to choose and giv...

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