Volume 12, Issue 3 (2008)
CLR 2008, 12(3): 67-92 |
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- -, - -, - -. Reviewing of Islamic Jurisprudence on Tortious Liability of Plural Responsibles. CLR 2008; 12 (3) :67-92
URL: http://clr.modares.ac.ir/article-20-10250-en.html
URL: http://clr.modares.ac.ir/article-20-10250-en.html
Abstract: (7651 Views)
By classification of different kinds of plural responsible in tort and comparison of Islamic juristic opinions, theoretical bases and practical effects arising from these opinions were reviewed and analyzed. In addition, a general theory, which is inferable from the Islamic jurisprudence texts in respect to plurality of responsible and its effects on the injured's remedies to be compensated was provided. The main important enquiries dealt with in this article include:
a) What are the bases and essentials of tortoius liability of plural responsible - according to Islamic jurisprudence?
b) Which rules should be applied for the relations between plural responsibles?
c) Which rule governs on the injured's remedies to be compensated?
The most important gained results as per Islamic jurist's opinion are:
-"Joint and several liabilities" is specialty of contractual liability and never apply for tortious liability.
- In respect of collision and crash accident, the rule of proportioned liability based on the effectiveness in causing the relevant damage, is a matter of consensus among the Islamic jurists.
- Opposite to a famous opinion, Islamic jurists deny joint and several liabilities of usurpers.
- The base of liability in all kinds of plurality of responsible is the rule of imputableness.
Received: 2008/02/13 | Accepted: 2008/12/15 | Published: 2008/12/20
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