نوع مقاله : مقاله پژوهشی
1 استادیار دانشگاه گیلان
2 دانشجوی دکتری حقوق خصوصی دانشگاه مفید
عنوان مقاله [English]
The topics of “civil liability” in law are discussed under the heading of “compulsory guarantee” in jurisprudence. High precision (scrutiny) in the use of compulsory guarantee contributories in jurisprudence indicates, that, this is the “person’s behavior” that plays a central role in the guarantee. The emphasis on the necessity of attributing wasted property to Islamic law behavior raises this question of whether ownership or on the other hand the domination of property over object of sell can also be regarded as compulsory guarantee contributories as well as the rules of destruction and ala al-yad (under fiduciary capacity)? In other words, can a person be the guarantor of damages by means of the ownership or domination of property without invoking damage refers to the behavior of the owner? The research has shown that ownership of Islamic law is a set of rights that allows one to use it, without the right of use oppositely, the right of exploitation and the right of occupation applied by a person shall be guaranteed his or her ownership. However, in order to preserve the social norms and social expedients of present era that result in the production of dangerous objects and the infliction of increased damage to persons, a solution must be sought to hold the owner accountable for the damages caused by the dangerous goods which were under their control. According to the authors, based on the Imamiyyah jurisprudence and with regard to the distinction between the concepts of “responsibility” and “guaranty”, it can be used theories of civil liability in law, which are equated with the necessity of compensation, as well as the compulsory provision of insurance coverage and the recognition of the rational nature of guarantee.