Civil Liability Arising From Destruction of the Human Action in Imami Religious Norms and Iranian Law

Document Type : Original Article

Authors

1 Associate Professor of the University of Isfahan.

2 Ph.D. Student in Private Law at the Marburg University

10.22034/jlr.2018.110204.1027

Abstract

In this study, conflictions between legal and religious scholars' comments about the "Human Action" have been presented and compared. By this method, not only the opinions of the legal and religious scholars about the essence of the profit in Iranian property law is analyzed but also the financial value of the Action and ownership of the human services alongside with analyzing of the possibility or impossibility of destruction of Action can be specifically studied.



This research introduces Human Action at the category of the profit mentioned in Article 29 (1) of the Civil Code and among the different comments of legal and religious scholars, is on the favor of the majority of Imami religious scholars who believe on the financial value of the Human Action as a human profit. By proving financial value and the possibility of ownership of Human Action, ways of wasting the Action based on two theories of “Credit Ownership” and “Intrinsic Ownership” is studied and the possibility of destruction has been concluded in accordance with the two mentioned theories.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 23 October 2021

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History

  • Receive Date: 12 December 2017
  • Revise Date: 11 February 2020
  • Accept Date: 11 June 2018

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