Foundations and Effects of Distributive Justice in the Civil Liability System
During different periods, civil responsibility has been based on different theories, each of which suggests a specific method for compensation. From the 20th century onwards, a theory under the title of "distributive justice in civil responsibility" has been proposed. Distributive justice...
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| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Ilam University
2024-09-01
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| Series: | مطالعات تطبیقی حقوق کشورهای اسلامی |
| Subjects: | |
| Online Access: | https://lcs.ilam.ac.ir/article_716229_9fd8c8b9ee0133c5db2f4420e0579d3b.pdf |
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| Summary: | During different periods, civil responsibility has been based on different theories, each of which suggests a specific method for compensation. From the 20th century onwards, a theory under the title of "distributive justice in civil responsibility" has been proposed. Distributive justice is related to the fair distribution and sharing of benefits and harms of useful and necessary activities for today's life, which at the same time have far more serious and widespread risks. In this research, the question is, why is it necessary to bear the damage caused by one person to a group such as Aqila or the whole people (by paying the insurance company or by paying the insurance company)? In The Iranian law, distributive justice is not the main basis of civil responsibility and is an exception to the principle of corrective justice. It seems that the establishment of institutions such as insurance and support funds is one of the most important foundations of this type of justice, and the realization of this justice cannot be expected in all cases of civil liability. Also, the realization of distributive justice in the civil liability system will surely reduce accidents. Sometimes the damage caused is so heavy that it is beyond the power of the person causing the damage to compensate for it, Therefore And so the damage left uncompensated. For this reason, in modern law, the expanding thought in compensation is the discussion of distributive justice. On the basis of distributive justice, in such cases, the loss is borne by many people and the damage is compensated collectively, or the government assumes this role by providing funds or compulsory insurance, although some examples of losses through this type of distributive justice, which is an exception, it cannot be compensated. In this research, a descriptive-analytical method is used to achieve the goals. |
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| ISSN: | 2980-8006 2980-8014 |