List of Articles Liability

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  1 - Critical Study of Gradual criminal liability of juveniles in discretionary offenses (review of the French legal system
  mohammad saeeid shafiei
  In the field of criminal law, the process of transfer from lack of full criminal liability to full criminal liability requires determining the stages that is considered gradual criminal liability. In articles 88 and 89 the Islamic Penal Code, 1392 legislator has graded More

  In the field of criminal law, the process of transfer from lack of full criminal liability to full criminal liability requires determining the stages that is considered gradual criminal liability. In articles 88 and 89 the Islamic Penal Code, 1392 legislator has graded Non-criminal and criminal measures based on the criterion of age in discretionary offenses of juveniles and has focused on judicial measures on socialization of these people because of refusing to apply repressive criminal responses. Despite of removing gender separation and possibility of apply appropriate responses; there are some ambiguities in acceptance of gradual system in discretionary offenses. not providing to extension of protective and supervisory measures to people under 9 years according to the first section of the article 88 the Islamic Penal Code about criminal liability and restrictions on the use of restorative responses in juvenile procedure, authority of the judge in determining freedom with care method, not being comprehensive measures referred to in article 89 in terms of the impossibility of extension measures under article 88 to not severe offenses of age group 15 to 18 years cause are restrictions that cause not providing to achieve absolutely to differential approach in the field of legislative criminal policy related to juvenile delinquents. This article emphasizes using a descriptive- analytic method and studying of France legal system and former substantive criminal law necessity of taking non-criminal measures on persons under the minimum age of criminal liability, expansion of restorative response, The necessity of using of freedom with care method while giving children to family like September 9, 2002 Act of France and provides efficient legislative criminal policy with critical review each of these ambiguities Manuscript profile
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  2 - Principles of State Civil Liability for Environmental Pollution
  Sayed Ahmad Asgari Arjnky
  Today, with the expansion of international relations and relationships, the issue of environmental law has been at the forefront of international attention, and all governments and individuals are working to maintain environmental conditions in a healthy environment. On More

  Today, with the expansion of international relations and relationships, the issue of environmental law has been at the forefront of international attention, and all governments and individuals are working to maintain environmental conditions in a healthy environment. One could consider one of the components of a good state or good governance as an environmental issue and, in particular, a clean air. In fact, one of the most important environmental issues is the issue of air pollution, which today is inevitable to find solutions to tackle and mitigate this phenomenon. It should be noted that the right to a healthy environment, except for human rights, including rights Is inherent in human beings. In order to deal with this phenomenon, civil liability was raised, according to which the loss factor should be compensated. One of the foundations of civil responsibility is the theory of fault that this theory is less used because of the lack of recognition of the actual cause of the damage, and to solve this problem, theories of liability are blamed and blamed on the responsibility of the majority of European countries. The remedies in this area are also restoring the state of the past, eliminating the source of losses, compensating for losses, and committing to non-contamination. In the area of civil liability caused by pollution, there are complexities such as the multiplicity of features, gradual and hidden losses, the difficulty of assessing damages, and the ability to prove the relationship between the causation. Therefore, it is necessary in this regard, It will be possible to first develop preventive measures against people, as well as by adopting precise and comprehensive laws and regulations in this area, these issues can be reduced. Manuscript profile
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  3 - Cessation of liability in court
  Ahmad مهدوی نسب mohammad reza seyahpoor mysam nemat alahi mojtaba farahmand
  :Abstract Tasbib is one example of the involvement of individuals in committing a crime. Accordingly, the perpetrator of a crime in the ordinary course of life who has a well-to-do list and is aware of his existence, must be answerable for his criminal conduct. More

  :Abstract Tasbib is one example of the involvement of individuals in committing a crime. Accordingly, the perpetrator of a crime in the ordinary course of life who has a well-to-do list and is aware of his existence, must be answerable for his criminal conduct. Unless the offender, for some reason, can withstand the burden of liability, in other words, his affiliation is distorted, which may be due to a lack of perception or lack of authority. Under these circumstances, you can not commit a crime to the offender. In the course of criminal proceedings, various defenses from the defendant are possible, which are based on the factors responsible for solving such liability. Factors for solving the criminal responsibility to the individual and subjective circumstances in the perpetrator are said that despite the occurrence of the crime, they will eliminate the criminal liability of the subject. The purpose of this research is to investigate whether the factors for removing criminal responsibility in recruiting from the general factors of responsibility for responsibility are different or are expressed in terms of allegory. Findings of the research show that the factors for solving the responsibility for the accrual are, in most cases, an indication of the general criteria for the removal of criminal responsibility and are not distinguished. Manuscript profile
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  4 - Criminal liability of legal entities in the United States
  Sasan Ahmadi
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  5 - Government civil liability for damages resulting from terrorist acts
  Naheed Barakzehi
  Terrorism has become one of the most important issues in today's world community. Although there is no specific definition for it, this does not diminish the importance of this issue. In recent decades, a wide range of terrorist acts have been committed in the world and More

  Terrorism has become one of the most important issues in today's world community. Although there is no specific definition for it, this does not diminish the importance of this issue. In recent decades, a wide range of terrorist acts have been committed in the world and in Iran. According to the research, the most important question of the present dissertation is: What is the basis of the government's responsibility for compensation for terrorist incidents? The hypothesis that arises from the heart of the main question is: It seems that the main basis of the government's responsibility for compensation for terrorist acts is the theory of fault. Victims of terrorist incidents must first prove the government's negligence or failure to ensure public order and security so that they can turn to the government and claim damages from terrorist incidents, and then compensate the victims materially and spiritually through insurance or charities. And provide the necessary medical support and during the proceedings, by providing the necessary facilities and guarantees to file a lawsuit, pave the way for the victims of these incidents to achieve their rights, and take the necessary measures to prevent re-victimization, consolation and creating a sense of security. Explaining the civil liability of the government and the concept of terrorist acts and finally identifying ways to compensate the government for terrorist acts is one of the most important objectives of the present study Manuscript profile
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  6 - Analytical study of the rule of urgency in Islamic law and jurisprudence
  Abbas Ali  Bahari Ardashiri Sayed Mohammad Shaffiey
  The set of actions and conditions that a person or persons inflict on a person or persons to avoid a current threat is called a state of emergency. The rule of urgency refers to a ruling in case of which a person refuses to perform the obligatory rules by the rule of re More

  The set of actions and conditions that a person or persons inflict on a person or persons to avoid a current threat is called a state of emergency. The rule of urgency refers to a ruling in case of which a person refuses to perform the obligatory rules by the rule of reason and frees himself from that severe danger by committing a forbidden act and causing harm to a person or other persons. But this damage must always be as great as the danger that is created and more damage must be avoided. Article 206 of the Civil Code, while validating an emergency transaction, states that if a person enters into a transaction as a result of a personal emergency, it is not considered contempt. The cause of external urgency is the ruling of the Cairo power, so it eliminates the causal relationship between action and distress and harm. Accordingly, the distressed person is not liable unless it can be held liable under civil liability. Components of fairness or non-fairness of contracts include abuses of the position of a person or persons in a state of emergency. This article examines whether an emergency can relieve civil liability or not, and examines the contracts that are made with distressed people, as well as the ruling on their invalidity or non-invalidity. Manuscript profile