نوع مقاله : مقاله پژوهشی
نویسندگان
1 معاون علمی دانشگاه آزاد اسلامی واحد افغانستان
2 ریاست دانشگاه رضوی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the most complex issues related to civil liability is the distribution of responsibilities. Because it is usually difficult to recognize the contribution of each one in the occurrence of the accident and the distribution of liability, given that several causes are usually involved in the occurrence of the harmful act. One of the theories that has been proposed in this case is the theory of distribution of liability based on the degree of fault. Although this view is a theory rooted in Western law, it is considered to have no background in the works of Ahl al-Bayt jurists. Despite the lack of a clear background, some contemporary jurists have tended to this view, so it is necessary to examine the principles and jurisprudential challenges of this theory. For this purpose, the present study, with an organized analytical and descriptive method, tries to extract and examine the evidences of this theory by examining the words of the jurists. Examining arguments such as verse 194 of Surah Al-Baqarah, the principle of Eshteghal and Aehtiat, it was concluded that although the ratio of fault cannot be considered the main theory of the distribution of responsibility, but can be considered as a subsidiary and complementary theory.
کلیدواژهها [English]
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