A Critical studying of the reason of who believe in tort Liability Arising from failing to rescue another
| Autor: | Seyyed Mahdi Mirdadashi, Esfandiyar Safari |
|---|---|
| Jazyk: | perština |
| Rok vydání: | 2021 |
| Předmět: | |
| Zdroj: | مطالعات فقه و حقوق اسلامی, Vol 12, Iss 23, Pp 361-388 (2021) |
| Druh dokumentu: | article |
| ISSN: | 2008-7012 2717-0330 |
| DOI: | 10.22075/feqh.2020.17836.2053 |
| Popis: | In response to the question of whether relinquish rescuing Another Life would result tortious liability, there is Different views among legal writers. Believers of tort Liability have expressed four reasons: 1- fault of the abandoner 2- leaving of the duty 3- relation between Criminal responsibility and tort liability 4- Preventing from getting the right. In this article, after explaining the viewpoints, it has proved that relinquish rescuing another life does not cause tortious liability and the conduct of the abandoner is not included to article 295 of the islamic Penal Code. In fact, leaving one's life saved is simply a matter of dignity and no guarantee. |
| Databáze: | Directory of Open Access Journals |
| Externí odkaz: |
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