Jurisprudence and the Essentials of Islamic Law
Hadi Mohammadpouri Suri
Abstract
The purpose of the present study is to examine the points of commonality and points of difference regarding civil liability caused by genetic defects in Iranian law with a view to Imami jurisprudence. The findings show that in many countries, to compensate for this type of damage, a responsibility separate ...
Read More
The purpose of the present study is to examine the points of commonality and points of difference regarding civil liability caused by genetic defects in Iranian law with a view to Imami jurisprudence. The findings show that in many countries, to compensate for this type of damage, a responsibility separate from the general civil responsibility has been formed; But in domestic law, in the existing doctrine, a consensus has been formed in the inadequacy of the general rules of responsibility in this area; The consensus that believes in the separation of the nature of personal losses from environmental losses and the necessity of constant compensation for these types of losses, but what is different is the justification basis for this responsibility. In the first presented views, some jurists have introduced risk theory as a justifying factor; But some others have tried either by referring to scattered jurisprudential texts which, in their view, indicate unconditional responsibility in public spheres, or by referring to the jurisprudential rule of respect for property, which is both the rule of loss and non-loss, to provide maximum support for pure liability. Accept from the environment. A group also considered the growing social needs to be sufficient for designing an exceptional system of responsibility in this field, and believed in establishing a system of pure responsibility by the legislator
