Volume 25, Issue 90 (summer 2020)
__Judicial Law Views __2012__, 25(__59__): __22417 |
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arabian A, akbari P. Effection of Warning in disclaimer of the consequential liabilities. دیدگاههای حقوقی 2020; 25 (90) :1-17
URL: http://jlviews2.ujsas.ac.ir/article-1-1220-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1220-en.html
1- Jurisprudence and Law Department Science and Research Branch, Islamic Azad University, Tehran, Iran
2- . Jurisprudence and Law Department Science and Research Branch, Islamic Azad University, Tehran, Iran , akbari499@yahoo.com
2- . Jurisprudence and Law Department Science and Research Branch, Islamic Azad University, Tehran, Iran , akbari499@yahoo.com
Abstract: (924 Views)
Most of the discussions in the area of the researchers are based on the Tahzir rule(warning) about the main cause of the damage. The warner as the cause of the damage is the principal responsible for the compensation and, based on the rule of warning, is not bound by the terms of the terms; however, persons such as wise, Insurance and treasury , who are considered responsible for the main responsibility of the person, are subject to the rule of warning Is it broken? In the query, the effect of the abovementioned rule and its quality and quality has not been answered by the responsible authorities in removing the guarantee. Tahzir rule is one of the reliable jurisprudence rules that was taken from one of Imam Ali's verdicts, saying, “The one who warns others, is the one who will be forgiven.” Therefore, provided that the conditions will be met and as a result of holding premonitory rule, the agent of that loss no longer will be liable and also the wise person and treasury are not required to compensate it. Therefore, disclaimer of the main agent is not against the rules of compensating the losses through referring to insurance company.
Type of Study: Research |
Subject:
Pivate Law
Received: 2018/02/27 | Revised: 2022/12/28 | Accepted: 2019/07/18 | Published: 2020/08/31 | ePublished: 2020/08/31
Received: 2018/02/27 | Revised: 2022/12/28 | Accepted: 2019/07/18 | Published: 2020/08/31 | ePublished: 2020/08/31
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