9th International Science Congress (ISC-2019).  International E-publication: Publish Projects, Dissertation, Theses, Books, Souvenir, Conference Proceeding with ISBN.  International E-Bulletin: Information/News regarding: Academics and Research

Damages arising from Physical Injuries and Compensation Methods in Iranian Civil Liability Law

Author Affiliations

  • 1 Master of Private law, Tehran University, Tehran, IRAN

Res. J. Recent Sci., Volume 4, Issue (3), Pages 115-120, March,2 (2015)

Abstract

By commencing formulation of legal and criminal rules based on Islam, blood money rules were written and enacted in 1982 titled as "Islamic Penal Code (Blood Money)" in the first period of the Islamic Consultative Assembly. It was reviewed in 1991and enacted with some corrections, but these rules were faced with some problems from the first years of enforcement. One of the most important problems is losses more than blood money. So, from the beginning of these rules enforcement, the judicial system was faced with abundant problems as regards claims for damages arising from physical injuries and since it was not clarified for the judges, different verdicts were issued in this regard. Although it has not yet been settled and a binding vote has not been issued in this regard, this opinion may be a basis for final corrections in blood money rules. It seems that lack of accurate knowledge about nature and philosophy of blood money on one hand and lack a comprehensive analysis of the executive problems on the other hand have converted losses caused by physical injuries issue into an acute problem of the Judiciary.

References

  1. Khomeini, Seyed Ruhollah, Imam Sahifeh (Imam works), first edition, Tehran: Institute for Compilation and Publication of Imam Khomeini's Works, v. 20, (1999)
  2. Shahri, Qolamreza, and Sorush Sotudeh Jahromi, The Judiciary Legal Office opinions about criminal matters, v. 1, (2003)
  3. Golpayegani M., Collection of Issues, Tabi Tat, v. 3, Ahl al-Bayt Institute for Islamic Research and Publications, (1993)
  4. Nuri Hossein, Issues Clarification Resaleh, Ahl al-Bayt Institute for Islamic Research and Publications, (1925)
  5. Jafari Langrudi, M., Law Terminology, Ganj-e Danesh Library, (1989)
  6. Soltani Nejad, H., Civil Liability, Noor Althagalin, (2001)
  7. Katuzian N., Civil Law (Civil Liability and Automatic Liability), Tehran University, (1999)
  8. Mohaqeq Damad, "Civil" Jurisprudential Principles, Islamic Sciences Publication, (1984)
  9. Viney Genevieve, Traite de droit civil, les conditions de la responsabilité, 2nd edition, (1998)
  10. Prosser (WilliamL), The Law of torts, West publishing co, 4th edition, (1971)
  11. John Fleming, An Introduction to the Law of tort, 2nd edition (1986)
  12. 12.Clerk and Lind sell, Torts, 7th edition, (1995)
  13. Alsanhuri Ahmad and Alvasit Cairo, Dar Alnehzat Alarabiat Alqahereh, (1970)
  14. Katuzian N., Civil Law, Automatic Liability, Publication of Tehran University, (1995)
  15. Shahidi Mehdi, Collection of legal papers, Hoquqdan Publication, 10th edition, (1998)
  16. Mussarat Yasmin, Muhammad Sharif, Sajjad Mohsin, Use of Low Level Features for Content Based Image Retrieval: Survey, Res. J. Recent Sci.,2(11),65-75(2013)
  17. Mokhtari Rahim, Karimi Abbas and Taghizaadeh Ebrahim, A Comparative Study of Judicial Evaluation of Testimony in Islamic and Positive Law, Res. J. Recent Sci.,2(10),73-80 (2013)