The Defense of "the Illegitimacy of the Harmed Behavior" in Civil Liability: A Comparative Study of Common Law, Imamiyeh Jurisprudence and Iranian Law

This study addresses one of the barriers to civil responsibility entitled "The Illegal Behavior of the Dead Man" on the basis of Roman law and Western contemporary law. After examining the very concept, conditions, effects, scope, barriers and foundations of this kind of defense and the views of its supporters and opponents are discussed and it is concluded that although Islamic law (Imamiyeh jurisprudence ) and Iranian law do not contain a rule called "the illegitimate defense of the lost conduct", this rule is based on the principle of "stinging on the wrongdoers: the perpetrators of the illegitimate acts", which is a specific aspect of the principle of action, based on the punishment and punishment of the perpetrators of illicit acts and the prevention of profits and the avoidance of rewarding the wrongdoers. As one of the barriers to civil responsibility that results in total or partial deprivation of compensation for damages, this is accepted in Islamic law (Imamiyeh jurisprudence) Iranian law. This claim is defended by reference to the fundamental and supplementary sources of this legal system, and through induction form certain thematic laws.