civil responsibility

Prevention of damage is one of the new approaches in civil responsibility. Based on the preventive approach, civil liability in various fields tends to prevent damage from occurring instead of waiting for damage to occur, and instead of looking backward and looking at the past like traditional civil liability, in the new approach, it is based on It is forward-looking and aims to prevent the occurrence or continuation of damage in the future. Therefore, in this study, using the descriptive-analytical method and the use of valid legal sources, it examines the implementation of the system of preventive civil responsibility of the government in Iran. Basically, civil liability of the government is one of the new issues in Iranian administrative law, and the acceptance of preventive civil liability for the government also faces shortcomings in terms of existing regulations. The results of the survey show that by observing some of the basic principles of preventive civil liability, there is still a suitable space for the full realization of this new approach, which can illuminate the limited boundaries of traditional civil liability and while preventing more serious damage. also prevent Of course, the recognition of preventive civil responsibility of the government requires the amendment of the existing laws.

The collective responsibility approach is theoretically based on the fact that some risks have a social aspect and their effects and consequences are not limited to a person or a few groups of people. Rather, it targets and affects the entire human society. Therefore, it is logical that all those who are affected in some way by environmental damage can participate in the process of compensating for the damages incurred. It can be said that the collective responsibility approach also seeks to determine how to distribute responsibility among the causes of the damage. In further explanation and explanation, it can be said that collective responsibility refers to the population that has been harmed by committing environmentally harmful behaviors. However, collective responsibility refers to a group that can or has been able to harm the environment, potentially or actually. Therefore, if we also take the concepts and principles of environmental criminal law as a basis, collective responsibility has a victimological approach, but collective responsibility has a criminalistic approach. The purpose of collective responsibility is to involve all those who have been harmed by environmental damage or criminal behavior in the process of compensating for environmental damage. However, the purpose of collective responsibility is to involve all those who have committed environmental damage or criminal behavior in the process of distributing responsibility and requiring compensation. This approach has now been incorporated into the laws of various countries, including Iran. European Union law also has a brilliant history regarding this concept.

Autonomous Artificial Intelligence is both effective and ineffective when interacting with islamic law. The influence of artificial intelligence on various aspects of islamic law causes many challenges, on the other hand, influence by Islamic law also means to legislate and guide artificial intelligence with the requirements of islamic law. First of all, this research explaines the challenges of Islamic law, especially the possibility of granting legal personality to artificial intelligence, by resorting to the descriptive-analytical approach and using the comparative method.Considering the necessity of effecting Islamic law, this research has proposed methods such as defining islamic ethics for artificial intelligence and the appropriate usage of related legal platforms in other legal systems, aiming at the the proper standardization of artificial intelligence is one of the foundations of modern Islamic civilization.

One of the controversial issues in civil liability law is the use of the right; In other words, to what extent should the right be implemented? If the implementation of a person's right is harmful for others, what is the duty of the right holder? In order to control the quality of the exercise of the right, it is necessary to specify a criterion through which the abuse of the right can be identified. Method In terms of purpose, this writing is practical, and in terms of collection method, it is done in documentary and library form and through the study of laws and regulations and reliable sources, and the information obtained is descriptive and analytical. Regarding the findings of the research, it can be stated that, although Article 132 of the Civil Code is the basis of the legislator's view on the ruling on the abuse of the right, the divergent nature of rights has caused the limitation of the right to be two-sided; It means that sometimes the abuse of the right of guarantee is not enforced and the legislator makes the ruling on the exercise of the right absolute and sometimes prohibits the fair exercise of the right; Regarding the scope of the abuse of the right, it should be considered that the theory of abuse of the right applies only to the exercise of the right, while the rule of non-harm is not limited to the customary scope of the exercise of the right, such as the right of ownership or the right of passage. Regarding the results of the research, it can be said that the place of flow of the rule of abuse of the right is the application and implementation of the right; And in Iran's legal system, it is used to deal with the harm caused by legal rulings and to fight against the right to enforce a right that leads to another harm. On the other hand, in French law, in case of abuse in the position of enforcement of the right, the sentence of permission and falsification of the exercise of the right is removed and it has an equal relationship with the theory of negation of the sentence

The expansion of modern technologies and the consequent legal challenges necessitate aligning regulations with these domains. One such instance is artificial intelligence (AI) technology. Establishing a clear and coherent civil liability framework for AI is of social and economic significance. National laws adopt diverse approaches to addressing AI-related challenges. The research methodology is descriptive-analytical, utilizing legal material analysis and legal interpretative methods. Given the broad concepts arising from the social nature of the subject, substantial efforts have been made. Topics akin to legal concepts are explained and legally articulated. The aim of equality for all before the law necessitates a library-based research approach without sampling. Ensuring that society as a whole benefits from social provisions and finding necessary solutions fosters motivation and diligence for further studies aimed at providing scientific and legal answers. The foundational principle that can justify civil liability in robotic actions is the "principle of respect," which, compared to other bases of civil liability, encounters no theoretical or practical challenges. Furthermore, this principle constitutes a jurisprudential foundation with robust supporting evidence. On the other hand, since the primary objective of civil liability is compensation for damages, and robots lack legal or electronic personality, they cannot directly be obligated to compensate for damages. Instead, due to their non-human nature, the responsible human agent—such as the owner, possessor, hacker, manufacturer, or designer—must be identified based on the specific circumstances.

The importance of the media in today's era is not hidden from anyone. In today's world, the media is considered as one of the most important and influential tools in people's lives and their thoughts. The expansion of media and the use of it by humanity in various fields has caused it to be one of the most important challenges in the last century. The lack of strong laws in various fields of media and the violation of ethics and human privacy in the media have prompted governments to seriously reconsider the legislation in the field of media. Now the question is, who is responsible for compensation if a loss is caused by the media? Because in Iran, the laws and rights are derived from Islamic principles. Considering the damage that some media causes to the rights of individuals, this researchAn analysis has tried to examine the jurisprudential foundations of the civil responsibility of the media in order to make the correct decision of the Islamic State in the matter of legislation.Keywords: media, civil responsibility, waste rule, harmless ruleنماد «مورد تایید انجمن»نماد «مورد تایید انجمن»

Whether or not transgenic crops are harmful is still unclear. The present article was organized by descriptive-analytical method with the aim of investigating the compensation of losses caused by transgenic products, states the principles and methods of compensation for loses caused by these products, and in response to this question, if the harms of these products are proven, on what basis can we claim damages? Based on civil liability, which is divided into contractual and non-contractual liability, if there is a contract, there is no problem to compensate, but if there is no contract; the injured party must prove the guilt of the perpetrator of the harmful act in order to compensate the loses. However, due to the fact that it is difficult to prove such a thing, strict responsibility is taken to facilitate the compensation of loses caused by transgenic products. Given that not only does the government has a social responsibility to the people but it also has a duty to issue licenses for transgenic products. Accordingly, authors believe that not only should the governments be responsible for compensation associated with transgenic products, but it should also establish a compensation fund to protect the rights of victims better.

In the laws of Iran and France, the lawyer's obligations towards the client are either directly derived from the attorney's contract, which are known as "contractual obligations", or they are due to the requirements that are created for the person according to the law, which are referred to as "legal obligations". ; The findings of the research showed that French law shows the extent of the obligations and responsibilities of each lawyer and client in front of each other; Also, it is customary in Iranian law, like jurisprudence, to describe some of the obligations and responsibilities arising from the lawyer's surety in case of violation and neglect in front of the client. On the other hand, explaining the lawyer's duties and responsibilities towards the client and the civil liability due to the violation and non-fulfilment of obligations can be a reminder for some lawyers to know that the purpose of entering this profession is not only to earn profit, but also to realize the ideal of justice and Cancellation is void. Therefore, the purpose of compiling this research is to compare the conditions of civil liability of lawyers in Iranian and French laws. The research method in this article is descriptive-analytical and the method of collecting materials is library-documentary.

During different periods, civil responsibility has been based on different theories, each of which suggests a specific method for compensation. From the 20th century onwards, a theory under the title of "distributive justice in civil responsibility" has been proposed. Distributive justice is related to the fair distribution and sharing of benefits and harms of useful and necessary activities for today's life, which at the same time have far more serious and widespread risks. In this research, the question is, why is it necessary to bear the damage caused by one person to a group such as Aqila or the whole people (by paying the insurance company or by paying the insurance company)? In The Iranian law, distributive justice is not the main basis of civil responsibility and is an exception to the principle of corrective justice. It seems that the establishment of institutions such as insurance and support funds is one of the most important foundations of this type of justice, and the realization of this justice cannot be expected in all cases of civil liability. Also, the realization of distributive justice in the civil liability system will surely reduce accidents. Sometimes the damage caused is so heavy that it is beyond the power of the person causing the damage to compensate for it, Therefore And so the damage left uncompensated. For this reason, in modern law, the expanding thought in compensation is the discussion of distributive justice. On the basis of distributive justice, in such cases, the loss is borne by many people and the damage is compensated collectively, or the government assumes this role by providing funds or compulsory insurance, although some examples of losses through this type of distributive justice, which is an exception, it cannot be compensated. In this research, a descriptive-analytical method is used to achieve the goals.

Although in the recent centuries, especially from the middle of the 19th century onwards, the discussion of the judge's responsibility in the laws of the countries of the world has received attention, but it must be acknowledged that this topic has a history in Imamiyyah jurisprudence and has been discussed as a guarantor of the judge. , so that in cases of intentional fault of the judge, the guarantee is on him, and in cases of his unintentional mistakes and errors, the guarantee is burdened on the treasury. However, until after the Islamic Revolution and the approval of Article 171 of the Constitution of Iran, due to several reasons, no attention was paid to the guarantee and responsibility of the judge. Even after the drafting and approval of Article 171 of the Constitution, until now due to the lack of a specific law in line with the implementation of Article 171, the judge's responsibility as stated in this article has not been able to fulfill itself, and for this reason, the judicial procedure in this case is very poor. is In this article, an attempt is made to study the concept, types, elements and theories of difference regarding the judge's responsibility and the jurisprudential foundations of this responsibility, and especially, his intentional fault and mistake that causes injury and damage, in a comparative manner in the laws of Iran and Egypt. take

The complexity of social relations has increased the examples of tort law and made this area of law more important. In addition, it has been concluded in legal systems that creating a society free from hypothetical losses is ideal and unrealizable. Therefore, legislators use tort law as a tool to create balance in society and establish justice. The concept of justice can be very diverse. From the point of view of the economic analysis of law, it is considered an efficient situation where both the activity of people is at the highest level of profitability and the occurrence of losses is prevented as much as possible. In fact, economically efficient situation is a situation where a reasonable and cost-effective balance is established between activity and prevention. Several solutions have been proposed in the economics to establish such a balance, and in this research, after introducing each theory, the state of Iran's tort law system is examined. The result of this research, which is using analytical-descriptive method, shows that Iran's tort law system relies on prevention more than encouraging people to act, and the theories of risk and fault are not always used in their correct place.

The attitude of Roman law towards the slave is that the slave has no rights. In this legal system, slaves were considered as objects that could be owned by another human being. But the fact that they were also human beings distinguished slaves from other objects of ownership. When we examine the status of slaves in Roman law, we will see some similarities to the status of robots, which there is general agreement will soon become a part of our human lives. A slave can be defined as a self-centered, decision-making and emotional possession. The same applies to robots. Therefore, robots can be considered the technological relatives of slaves. All this information leads us to the conclusion that if there were to be legal regulations about robots, the rules could easily be adapted from Roman law. In this article, a comparison has been made between robots and slaves by providing information about them. With the help of this comparison, it will be clear why their legal status is similar. Then, discussions have been studied about how to regulate the regulations related to the civil and criminal liability of robots in a theoretical and descriptive analytical format.

Corona virus or Covid-19 is a disease which affected most of the countries for many year such as Iran and America and caused lots of difficulties and suffering for governments and people. Now days one of the important matters regarding the civil responsibilities of the government is transmission and spread of Corona virus among people. Due to that the aim of this project is to comparatively analysis the conditions of the civil responsibility of government towards the use of Covid-19 vaccination and methods of compensation in the Iranian and US Law system. Writer of this article tried to refer to the subject by sticking to descriptive-analytic method to explain the adaptation of the civil liability of legal system of Iran and America and find out the differences between them. Results obtained from this research show the government responsibility plan regarding this epidemic disease. It means the action or decision by the authorities can lead the responsibility of the government. Also, in US Law system to compensate the lost and damages caused by this covid-19 vaccination the compensation fund and civil responsibility insurance to compensate this case is established. And other achievements are that the government's exemption from non-judgment damages is exceptional and the main principles of the necessity require compensating unjust loss. The government can only cite it when it is sure that it has legal documentations.

According to their instinct, pets have a relative will, and for this reason, they may cause damages to individuals or their properties, for which the owner of the pet is responsible for compensation. In the laws of some countries, the responsibility of pets is the responsibility of the owner, and the owner is a person, including the owner, possessor, and keeper, who is tasked with care and control of the pet's actions. However, except in the mandatory insurance law, the word "owner" is not mentioned in our legal texts and the responsibility caused by pets does not have a separate title and is stated scatteredly in various laws. In addition to this, there is no specific division in Iranian law indicating the difference between pets according to whether the pet is conventional or non-conventional with the place of keeping and, consequently, the extent of the owner's civil responsibility and the basis governing it. However, it seems necessary to investigate the various regulations of the country with the help of the verses of Quran, words narrated by the Innocents (PBUH), and valuable references of jurisprudence due to the increase in the willingness of people to keep pets, especially unconventional pets that are not compatible with the place of keeping based on characteristics such as inappropriate sound or the possibility of serious injury, and cause damages in some cases. Therefore, while paying attention to the division of pets and paying a special attention to the regulations that have been given less attention, to the legal aspects of this responsibility from a new perspective in the present paper, the responsibility of the pet boarding house or the responsibility of keeping pets in apartments is addressed while referring to new legal issues including the owner's responsibility against the damages caused to the pet so that the way is paved for the amendment and completion of the provisions related to the responsibility arising from the ownership of pets in the Iranian law.

Today, new technologies are evolving rapidly, and in the meantime, artificial intelligence offers many potential benefits to mankind with its ever-increasing progress. Such technology requires the processing and analysis of significant amounts of data, as well as access to large volumes of big data. However, the ethical issues of artificial intelligence in the digital space must be identified and taken into account to prevent abuse. Therefore, ethical principles should be considered in the artificial intelligence-based system and guidelines should be provided for users who implement artificial intelligence technologies; which can be called digital ethics. Therefore, the main question of the paper is "What are the moral risks of artificial intelligence and is it possible to create liability insurance for artificial intelligence-based systems?". The research method of this paper is theoretical and based on a library data collection tool, and the data analysis method is descriptive-analytical. According to the findings of the research, the most important ethical challenges of artificial intelligence include ethical concerns related to the collection and unauthorized use of personal data, which will lead to the violation of privacy and human dignity. On the other hand, one of the concerns is non-compliance with the ethical principles of bias and data security. As a result, while trying to develop ethical standards with monitoring and accountability for artificial intelligence and digital space, digital liability insurance suggested in utilization of artificial intelligence in the digital space of liability and negligence in digital environments. Providers of digital technologies may require specialized malpractice insurance to address potential liability issues specific to these environments. Insurers must develop policies that reflect the unique risks associated with digital environments.

Notary must be distinguished from other professions due to some attributes so as not to disturb the rule of balance between rights and obligations. A fact that has been neglected by the legislator which has caused challenges in three stages of formation, life and end through changing two fundamental privileges of the notary, i.e. acceptance restriction and the right to introduce a successor. There is concern that by approving the aforementioned law in 2022, notary becomes an opportunity for profit seeking and speculation which will degrade the value of the official document that will lead to harmful situations increase. Additionally, Changes in the right to introduce a successor create serious concerns in the transfer of customer valuable records to the new notary. Taking advantage of the provisions of French law and remembering the characteristics of a notary, i.e. independence, lack of speculation, competence and special civil liability, is a way forward. Considering these rules turns the notary into a valuable opportunity to secure the interests of the government, its representative and the client. Utilitarianism is incompatible with lack of profit seeking. Negation of quantification is a common requirement of the independence, competence and special civil liability of the notary. Especially the relationship between trust and confidence, as the center of all these features, requires scientific criteria. The right to nominate a successor is also a suitable solution for the safe transfer of records to a new notary and a necessary condition for a new start. In a situation where this right reaches its perfection with the passage of time, the legislator's action in devaluing it is undoubtedly ignoring the rights of the notaries who have chosen a notary before the approval of Law 2022 and used the life capital in the hope of tomorrow.

Citizenship rights, culture and justice are among the concepts that are interrelated in a conceptual network. These three concepts state that everyone is responsible for their work and action, and this responsibility may be criminal or civil. Civil responsibility, as a general and comprehensive rule, governs natural and legal persons under public law and private law. The police, as one of the legal entities of public law, has legal duties and responsibilities, and the implementation of these responsibilities may in some cases lead to the violation of citizens' rights. This violation of rights will definitely lead to civil liability of the police in some cases. The present research has investigated the civil responsibility of police officers in a descriptive-analytical manner and in a library manner from the point of view of jurisprudence and law. The result of this research is that if the police commits a mistake that is beyond his control and because of this causes damage to persons (both real and legal), the relevant organization must compensate for the damage; even if the wrongful officer has committed a fault in performing his duty. However, considering the fault of the erring agent, the relevant organization on behalf of the government can demand damages from the erring agent and may even consider a disciplinary violation for him

Liability means compensation for damage caused by a person's act or omission, which has resulted in harming the rights of another person. The pillars of responsibility include four pillars: 1- the person causing the damage (who is called the lawyer in the present case), 2- the victim (who is called the client in the present case), 3- the occurrence of the loss, 4- the existence of a causal relationship between the damage and the loss. Conductor (causing losses). Power of attorney is a contract by which one of the parties appoints the other party as his representative to do something. Contractual responsibility is the responsibility resulting from breach of promise by the obligee in any contract. Non-contractual liability is the compensation for damages caused by the non-contractual act or omission of a person whose act or omission leads to harming the rights of another person. The main bases of the lawyer's civil liability are 4 acts or omissions. 1- Failure to respect the interests of the client, 2- Disclosure of the client's secrets, 3- Refusal to submit an account during the period of representation, 4- Failure to return the property and documents of the client. Therefore, the main bases of civil responsibility in the material behavior of the judge are the judge's fault and the judge's mistake.

In the implementation of its sovereign duties, the government is obliged to prevent and effectively deal with natural disasters. For this purpose, the country's crisis management organization was established according to the law on the establishment of the country's crisis management organization approved in 2007, and according to article 3 of the same law, the supreme crisis management council of the country, headed by the president and with the membership of some senior military and administrative officials of the country, has the task of coordinating the activities of related institutions and organizations. It is in charge of the armed forces and all institutions and bodies of the country in dealing with natural disasters.According to the 129th principle of the constitution, the government is obliged to provide the necessary services after natural disasters, which includes the provision of health and medical care services.Protecting people's lives requires compliance with the relevant standards and monitoring of functions in order to achieve (the basis of effective control) and responsibility for (damages) caused to people in sync with human developments and technological progress and harmful effects (cross-border of these risks) for other countries, including It is Iran that on the eve of the new year this transboundary disease has gripped the country, in order to know and recognize the limits and gaps of the government's civil responsibility towards the citizens, its legal aspects should be examined.  Incomplete statement of the facts and covering up the issue under the pretext of security, etc., does not absolve the responsibility. The government must inform the outbreak of the disease in every region, and the victims can refer to the cause based on the general rules of civil responsibility, including the rule of pride.  The religion of Islam declares that property, life, reputation and social dignity of humans are respected. No one, in any way, should cause harm to another person.According to the constitution of the Islamic Republic of Iran, the government and government institutions, as the main guardians of the health and safety of people and citizens, are obliged to treat people suffering from and prevent the spread of this disease.

The legal duties that are considered in civil liability are public and are generally the responsibility of all people. In English law, compensations for breach of legal duties, although they were initially applied to private law issues, were later extended to public law due to public policy considerations. Laws and regulations impose duties on all people, which the general society obliges to comply with, but sometimes, omission and violation of public duties, causes civil liability. In the civil liability system of England, the violation of society's rights, as a violation of legal duty, leads to responsibility. In this system, a combination of private and public rights compensations are applied, which cannot always and easily be changed. Currently, in addition to private relationships between individuals, considerations related to politics and public policy, the limited role of courts and the developing culture of human rights in England, have led to the development and enrichment of the judicial procedure about the civil responsibility of public institutions and officials. In the legal system of England, which is the basis of the discussion in this article, the titles of civil responsibility are derived from civil rights, which are applied to public officials in the same way as private law persons. This research, which has been written using a descriptive-analytical method and through library tools, tries to clarify the angles of civil responsibility resulting from breach of legal duty and omission in English law by looking at Iranian law.