خلاصه ماشینی:
Assistant Professor, Department of Law, University of Isfahan, Email: Dr. alireza_yazdanian@yahoo.
This study seeks to examine, first, from a legal point of view and then from an Islamic law standpoint to pave the way for establishment of a judicial practice and codification of appropriate regulations concerning the elimination of the civil liability of athletes.
Analyzing three important views about the outcome of this transaction, this study tries to compromise between these views in favor of a real and objective justice, assuming that the theory of validity will be applied to the natural state of revocable transactions in such a way that it is consistent with the requirements of both the ideal justice and formal view and that invalidity theory being considered as applicable in cases where there is diversion from the principle of commutative justice and shared inner intention, and the possibility of judicially finding out what the real intent is drawing on the evidence and the principles.
Keywords: Delegation, Conferment of Agency, Islamic Law, Iranian Law, English Law. Professor, Faculty of Law and Political Science, University of Tehran, Corresponding Author, Email: dralmasi.
Keywords: Obligation, Right, Humanitarian Assistance, Ethics, Law. Associate Professor, Department of Law, Mofid University, Email: Ghorbannia4@gmail.
Although, like England, in Iran we can speak of an obligation in favor of a third party and paying damage attributed to the insured, it seems that the nature of the contract is the compulsory liability, guarantee of the compensation for the injured by the rule of law and within the insurance contract.