چکیده:
Creation of civil liability arising from the omission has been the challenging issues of civil
rights that is long discussed by lawyers, to be investigated next to crimes against physical
integrity of persons that usually committed with positive and negative actions and in
criminal law has a special position, especially after the adoption of the Penal Code in 2013,
whether the liability from the civil aspect to be created in Iranian legal system? In this
regard, because of originality of Iran's rights in Islam, the legal situation is investigated with
regard to the views of Islamic Jurisprudence and sometimes comparing it with other Islamic
religions. The main aim of this study is to investigate the liability of omission in terms of its
civil liability. Since conflict and question is expressed by some experts in the field of nonliability
of omission (of course considering the aspects of creating a causal relationship in
order to avoid limiting aspects of individual freedom), the results are unacceptable. The
findings of this study suggest that civil liability can be committed with positive action and
with omission. And if positive committing harmful to the subject creates liability, refusal or
omission is considered the instances of fault (Article 952) and this liability causes the
liability of refusal person if there are elements and foundations of proof of omission (legal,
contractual, certain customs and causal relationship).
خلاصه ماشینی:
Study civil liability arising from omission in Iran's legal system Ebrahim Nasirifar1&2 and Mozafar Bashokuh3* 1MA in private law, Science and Research Branch, Ardabil Branch, Ardabil, Iran 2MA in private law, Ardabil Branch, Islamic Azad University, Ardabil, Iran 3Faculty member, Ardabil Branch, Islamic Azad University, Ardabil, Iran Original Article: Received 02 Dec. 2016 Accepted 28 Dec. 2016 Published 13 Feb. 2017 ABSTRACT Creation of civil liability arising from the omission has been the challenging issues of civilrights that is long discussed by lawyers, to be investigated next to crimes against physical integrity of persons that usually committed with positive and negative actions and in criminal law has a special position, especially after the adoption of the Penal Code in 2013, whether the liability from the civil aspect to be created in Iranian legal system?
Keyword: civil liability, omission, causation,the criminal consequence * Corresponding author: Mozafar Bashokuh Peer review under responsibility of Iranian Journal of Social Sciences and Humanities Research Iranian Journal of Social Sciences and Humanities Research Vol 5 Issue 1 (2017) INTRODUCTION In today's world that specific legal definitions concerning the individual responsibility (natural or legal) have been highlighted than ethics and the procedure has caused that, humans violate the rights of others with negligence and carelessness and refrain from duty due to clear non- improvisation of the status of civil liability in the existing laws, or in other places, the victims pursue others as a cause of occurring crime as a result of personal negligence and abuse of the rules of civil liability and relevant guidelines that multitude of cases in the courts confirm this point.