نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، گروه حقوق، دانشکده ادبیات و علوم انسانی، واحد کنگاور، دانشگاه آزاد اسلامی، کنگاور، ایران. (نویسنده مسئول)
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The rule of waste is one of the famous jurisprudential rules in all Muslim Sects and there is a consensus regarding it. One of the most important causes of forced guarantee that is cited is the same rule of loss. The application of the rule of waste indicates that whoever wastes another`s property is a guarantor , and the mistake in the loss is not stated in the appearance of the rule , and on the ofter hand , if the non-financial rights of people are lost , it con not be removed from the rule. Because the appearance of the rule emphasizes the of financial rights. However, one should not pay attention to appearance of the rule, because by using Article 1 of the Civil Liability Law, harming any right that a person has , whether it is property or otherwise , is guaranteed. One of the non-financial human rights is life and health , wiche is respected by the legislator along with other legal rights, including property. Therefore, despite the fact that Physical loss and damage to people is not a matter of financial rights, but according to Article 496 of the Islamic Penal Code, it is a guarantee and responsibility for the person responsible for the damage.
کلیدواژهها [English]
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