MEASURING RATIO AND CONVERGENCE OF JURISPRUDENTIAL DOCUMENTATION IN LIGHT OF LOSSES CAUSED BY CORONA TRANSFER
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Abstract
The aim of this study was to assess the civil liability of coronavirus epidemic transmission. The research method is descriptive - analytical and library type. In the realization of the triple elements of the verb or to transmit the coronavirus, the causality and causality relation between them (verbs and harm), the civil liability resulting from the transmission of the coronavirus epidemic is any condition, reason or reason to which the coronavirus epidemic can be attributed. Other laws that can be cited in the area of infection include the Civil Liability Act, "Whoever, as a matter of recklessness, pays compensation to the life or health of the person for any harm, whether moral or physical, is responsible for compensation for his act". In Iranian law, the legal basis of the civil liability of coronavirus epidemic transmission factors is based on negligence theory. But the assumption that the transmission of the coronavirus is carried out by hospitals and health care centers or centers that provide treatment and medical care is a form of responsibility, as they are bound by the rules. The basis of Islamic jurisprudence responsibility is that a dangerous disease transmission is based on the principle of No harm. The research findings indicate that the civil liability territory of coronavirus epidemics is where damage can be assigned. In Iranian law, the agents of the epidemic coronavirus have an obligation to compensate the material damages and any possible loss of benefits. However, there is no doubt that moral damages can be claimed, but there is no doubt that such compensations are due to impact of loss and loss.
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References
Entezari, Alireza, 2012, the role of rules of loss and cause in environmental civil liability, Islamic claims, jurisprudence and principles, year forty-four, number 89.
Anton Elias, Farhang Navin, translated by Seyyed Mostafa Tabatabai, Tehran, Islamia bookstore, 1991.
Ardabili, Mohammad Ali, General Criminal Law, Tehran, Mizan Publishing House, Volume 1, 2013.
Badini, Hassan, The Philosophy of Civil Responsibility, Tehran, Publishing Co., 2005.
Bariklo, Alireza, Civil Responsibility, Tehran, first edition, Tehran; Publication of Mizan.
Bai, Hossein Ali (2019) Liability due to the transmission of infectious diseases and viruses, Islamic Law Quarterly, Spring 2020, No. 64.
Bahrami Ahmadi, Hamid, Daman Ghahri, Tehran, Imam Sadegh University, Ch 1, 2012.
Bahrami, Hamid, Daman Ghahri, Tehran, Imam Sadegh University, 2011, p. 175.
Patrice Jordan, Judicial Procedure in Civil Responsibility, translated by Majid Adib, Tehran, Mizan Publishing.
PirouzSamavati, Amir, Adalat al-Shamanani; Gradual adjustment of criminal justice or its change, Tehran, Bineh Publishing House, first edition, 2006.
Jurkoye, Ali Mohammad, Islamic Law Journal, 17th year, number 64, Spring 2020.
Hosni, Mahmoud Najib, translator, Seyyed Ali Abbas NiayZare, the relationship of causation in criminal law, Mashhad, Razavi University of Sciences, Ch 1, 2006.
. Hosseini Al-Maraghei, Mir Abd al-Fattah, Al-Anawin, Qom, Al-Nashar al-Islami Institute, first edition, 1417 AH, vol.2.
Khoei, SeyyedAbulqasem, Basics of Takmulah al-Manhaj, Qom, Khoei Institute Publications, Bita, 1430.
Al-Zubaidi, Muhammad, Taj al-Aros, Beirut, Dar al-Fikr, 1414 AH. Volume 7.
Salimi, Ali and Mohammad Davari, Sociology of Kajrovi, Qom, Hozha and University Research Institute, 2015.
Shambiati, Houshang, General Criminal Law, Tehran, Majd, 11th Ch, 2003, vol.1.
Shahid Sadr, Mohammad Baqer, Al-Fatawa al-Ashroha, Beirut, Dar al-Taraif for Publications, 8th, 403 AH.
Shirazi, NaserMakarem, Al-Qasa al-Fiqhiyyah, Qom, Imam Amir al-Momenin School, third edition, 1411 AH, vol.1.
aheri, Habibullah, Civil Law, Qom, Islamic Publications Office, second edition, 1418 AH, vol.2.
Tarihi, Fakhreddin, Majma Al-Baharin, Tehran, Mortazavi, 1983, vol.3.
Iraqi, Agha Zia al-Din, Qa'ad La Haraz, Qom, Publications of the Islamic Propaganda Office, 1st chapter, 1418 AH.
Al-Farahidi, Khalil, Al-Ain, Beirut, Dar al-Hijrah Institute, 1410, AH, vol.7.
Qasimzadeh, Syed Morteza; Requirements and civil liability without contract, Tehran, Mizan, 2008, vol.2.
Katouzian, Nasser, 2011, non-contractual obligations, civil liability, special and mixed responsibilities, Tehran, Tehran University Publishing and Printing Institute, volume 226.
Langroudi, Mohammad Jaafar, Expanded on Legal Terminology, Tehran, Ganj Danesh, Ch 1, 2009, Vol.1.
MohagheghHelli, Jafar bin Hasan, Shar'e al-Islam, Qom, Ismailian Institute, II, 1408 AH, vol.4.
MohagheghDamad, Mustafa, Rules of Jurisprudence, Islamic Sciences Publishing Center, 1429 AH, Volume 1.
. Mahmoudi, Ali Akbar (2020), Non-observance of hygiene against epidemic diseases (Corona) from the point of view of jurisprudence and law, Islamic Law Quarterly, Spring 2019, No. 64.
Maragheh, SeyyedmirAbd al-Fattah, 1417 AH, Al-Anawin al-Faqihah, Qom, Al-Nashar al-Islami Institute
Meshkini, Abul Hasan, Qa'ad al-Misour and Nafi al-Arr, Qom, Luqman bookstore, first chapter, 413 AH, vol.4.
Mughniyeh, Mohammad Javad, Fiqh al-Imam al-Sadiq, Qom, Ansarian Institute, second quarter, 1421 A.H.
Mousavi Khoi, Saidabul-Qasim, Basics of Takmulah Al-Manhaj, Qom, second edition, 2017 AH, Daral-Hadi, vol.2.
Naini, Mirza Mohammad Hossein, Al-MakasebWal-Bi, Qom, Islamic Publications Office, Ch 1, 1413 AH.
Najafi, Khansari, Shaykh Musa, Marjih al-Makasab (Maniyah al-Talib), lectures of Mirza Muhammad Hassan Naini, Qom, Al-Nashar al-Islami Institute, 1418 AH, vol.2.
Najafi, Sheikh Mohammad Hassan (Jeweler), Jawahar al-Kalam fi SharhShar'e al-Islam, 3rd edition, Tehran, DarulKitab al-Islamiya, 1988, vol.37.
Houshmand Firouzabadi, Hossein (2019). Feasibility of removing the civil liability of carriers of epidemic diseases (coronavirus) in the light of the precautionary principle, Islamic Law Quarterly, spring 2020, number 64.
Yazdaniyan, Alireza, General Rules of Civil Liability, Tehran, Mizan Publishing House, Vol. 1, 2007.
shirkarami J, Dusti Y, Azizi S. Postmodernism World: A Brief Analysis in Philosophical, Social and Educational Aspects. kurmanj 2020; 2 (2) :20-23