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Abstract:
In recent age, as a result of declining power of
family, and the frailty of parent's supervision on their children and
their adolescents and much more freedom that, properly or improperly, is
provided for them, also as a result of increasingly ytilizing of bicycle
and other dangerous things which may cause detriment to others and also
as a consequence of development of mental problems, compensation for
damage which arise from injurious actions of interdicted people is
attracting the attention of law scholars and this has added up to the
importance of the subjects. The civil responsibility of harmful action,
in general and civil responsibility of injurious action of interdicted
people in particular, has always been regarded. It has had basic chanfe
in history. Different ideas have also been mentioned in this field. The
law of Iran has adopted a particular way and it has different
regulations. What is attempted by this thesis is to prove, firstly that
considering the rich Islamic jurisprudence on civil responsibility
especially the interdicted, there is no need to resort to the Eutopean
theories on civil responsibility. Secondly, justice and equity demand
that the loss caused by interdicted person can be compensated and there
shouldn't be any loss without compensation. Thirdly, the title "ODWAN"
in jurisprudence and fault (tort) in civil law is merely to obtaion
causative relation not the basis of civil responsibility.
Key Words
Civil responsibility, Causation, tort,
harmful action
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