Volume 17, Issue 3 (2013)
CLR 2013, 17(3): 25-46 |
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Badini1 H, Farsani2 A E. The role of Fairness in Liability. CLR 2013; 17 (3) :25-46
URL: http://clr.modares.ac.ir/article-20-6272-en.html
URL: http://clr.modares.ac.ir/article-20-6272-en.html
1- 1 .Associate Professor, Department of Law, University of Tehran, Tehran, Iran
2- 1 .Associate Professor, Department of Law, University of Tehran, Tehran, Iran 2. Ph.D. Student in Private Law, Department of Law, University of Tehran, Tehran, Iran
2- 1 .Associate Professor, Department of Law, University of Tehran, Tehran, Iran 2. Ph.D. Student in Private Law, Department of Law, University of Tehran, Tehran, Iran
Abstract: (9976 Views)
Despite of developments that have taken place in the systems of liability, fairness is yet effective. The role of fairness in the theory of justification of liability (corrective justice, distributive justice, and efficiency) and instances of that in the basics, parts and effects of liability, propose this question that if fairness is principle or exception?
We tried in this essay, by induction at different parts of liability, to study the role and position of fairness in liability. This research shows the developments taken place in the basics of liability, spread of part of strict liabilities, system of distress liability, the role of lost fault, appearance of the concept of fault-profit, debt due to liability, etc. are based on fairness.
Received: 2013/06/10 | Accepted: 2013/11/18 | Published: 2013/12/21
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