Volume 22, Issue 79 And 80 (Fall - winter 2017)                   __Judicial Law Views __2012__, 22(__59__): __22466 | Back to browse issues page

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babaei I, keshavarz safiyi S. Consept of tort and its role in structure of division of tort law . دیدگاه‌های حقوقی 2017; 22 (79 and 80) :47-66
URL: http://jlviews2.ujsas.ac.ir/article-1-1112-en.html
Consept of tort and its role in structure of division of tort law
Iraj Babaei *1, Smaeil Keshavarz safiyi2
1- allameh tabatabayi university , babaei,i@gmail.com
2- azad university
Abstract:   (4202 Views)
Concept of delict(Tort) in Roman Law on the base of Deontology as a ethical theory is recognized in the concept of  breach of first Duty and structure of category in this legal system is formed on the base of Obligation and Responsibility as a secondary of breach of first Obligation.in contrast in Common Law and Jurisprudence, concept of Tort in accordance to ethical theory of teleology is difinited as breach of Right.in Jurisprodence, delict doesn’t recognize as source of structure of tort law but  Causes of Violence of right is source of structure of tort law   . In law of Iran , because of iffecting of Roman law and Jurisprodence , Tort Law structure has antithetic  mixture of Breach of Duty and Violence of Right . resolving this problem involves final choosing one of perspectives. It seems Jurisprodential perspective that is based violence of Right,is appropriate for Establishing of iran structure of tort law.

 
Keywords: Deontology, consequencialism, breach of duty, violence of right, tort
Full-Text [PDF 525 kb]   (6325 Downloads)    
Type of Study: Research | Subject: Pivate Law
Received: 2017/11/11 | Revised: 2019/01/02 | Accepted: 2018/02/18 | Published: 2018/04/16 | ePublished: 2018/04/16
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