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Research Article | Open Access
Volume 16 2024 | None
The basis of civil responsibility of the owners of land motor vehicles in the legal system of Iran and Afghanistan
Dr. Mohammad Gholam Alizadeh, Azizullah Nouri
Pages: 64-73
Abstract
Civil liability caused by land motor vehicles is one of the most important and widely used topics in the field of law. Especially in the current era, the emergence of these devices, which is known as the era of industrial and technological revolution, has brought about a huge transformation in human life, which on the one hand has brought comfort and social welfare to mankind, and on the other hand, caused many losses. It has entered into the body of the society, which is considered as the limitation of social life. For this reason, the civil liability arising from these devices has always been the concern of jurists and they presented various views and theories regarding its basis. The most important of them are the presumption of fault, failure to protect, absolute responsibility and group guarantee theory. But today these differences have faded. According to the opinion of the majority of Iranian jurists, the basis of the civil liability of the owner of the vehicle is "pure liability" without fault. But in Afghan law, the responsibility of the keeper of the land motor vehicle is based on assumed fault. In Islamic jurisprudence, from the very beginning, the Prophet (peace be upon him) has established responsibility without fault, i.e., objective responsibility, with his beautiful words (No harm and no harm). The method of this research is analytical, descriptive and comparative, and the library method was used to collect its contents.
Keywords
Civil liability; Legal perspectives;Pure liability;Assumed fault; Objective responsibility; Islamic jurisprudence,
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