Ahmad Amiri; Hojjat Mobayen; Mohammad Ali Khorsandian; Siroos Heidari
Abstract
Although the human personality and dignity are respected in all legal systems and under certain conditions, a criminal liability has been determined for damaging it, civil liability caused by damage to personality has been considered less, especially in our legal system. On this basis, the main issue ...
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Although the human personality and dignity are respected in all legal systems and under certain conditions, a criminal liability has been determined for damaging it, civil liability caused by damage to personality has been considered less, especially in our legal system. On this basis, the main issue in this article is studying the institution of civil liability, its conditions and criteria and methods of compensation in Iran jurisprudence and law and its comparison with the English legal system. The research method is descriptive-analytical and comparative. Civil liability caused by damage to personality is studied under the general heading of "desecration" in Imamiyeh jurisprudence and Iran law, and under the heading of "defamation" in English law. The criteria for defamation in English law is "lowering the reputation from a right-thinking member view of society" and the criteria for desecration in Iran law and Imamiyeh jurisprudence is "damage to the personality". The conditions of liability are different in these systems based on these two criteria. In English law, unlike Iran law, compensation for defamation is usually financial, the amount of which is determined by the court.
Mohammad Ali Khorsandian
Abstract
Although there are many researches about offer and acceptance, the question of this study is investigating the formation of contracts in a comparative perspective with modern private law. Being conducted through a comparative method, the present research reinforces the possibility that the concepts of ...
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Although there are many researches about offer and acceptance, the question of this study is investigating the formation of contracts in a comparative perspective with modern private law. Being conducted through a comparative method, the present research reinforces the possibility that the concepts of offer and acceptance have found a way to law of west from Islamic law. Accordingly, we witness numerous similarities between these two legal systems in this regard. The modern private law is similar to our legal system regarding the elements of the offer, its effects and the cusses of its termination such as the rejection of the addressee, revocation and the passage of the deadline. However, there are some differences in certain cases including the quality of determining the consideration of the offer, approval of modified acceptance or mutual acceptance in new instruments. In addition, contrary to Iranian law, the new instruments have not refered to some causes of termination of offer such as death and incapacity, loss of subject, and repetition of the offer. Furthermore, it is demonstrated that the advantage of western law is to breaking the examples and determining the similar cases and it is stated that which rational methods of modern law could be used in revising Iranian laws.