The concept and conditions of emergency in civil liability
Urgency is a state of compulsion, hardship and hardship that forces a person to do something despite his inner desire and self-healing. In Islamic law, urgency, although mentioned in the following famous hadith, is considered a justifiable factor in crime: as most jurists and some jurists have said.Any of the factors justifying the crime or eliminating criminal responsibility has many jurisprudential and legal effects: including the decline of the spiritual or legal element of the crime, permission or non-permission to resort to legitimate defense, issuance of a restraining order or cessation of prosecution, responsibility or non-criminal partners and accomplices Existence or non-existence of civil liability. Although the note of Article 55 of the Islamic Penal Code stipulates the need for financial security of the distressed person, but it seems that in the case of the distressed person doing something for the benefit of the endangered, his civil liability can be criticized.The meaning and concept of urgency, problem analysis, explanation and conditions of urgency arguments and critique of its foundations are among the topics that are examined in this article from a jurisprudential and legal point of view.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.