Abstract
In this research, we seek to talk about civil responsibility of parents for acts of their children with juridical and legal approach. The main problem is that whether the parents have civil responsibility for harmful acts of their major and foolish children or not. The parents have civil responsibility for harmful acts of their foolish children (minor or mature) until they have custody on them. In the opinion of most of Islamic jurists, the parents’ right and duty of custody on their children will be expired by majority and mental maturity of the child. In addition, the parents will be liable for damages derived from the acts of their minor or insane children until they have protection and supervision duty on them. In all of the cases, failure to take care of the incapable person constitutes the legal basis of the parents’ liability. It may be said that the parents have responsibility for any losses arising from their failure to protect and take care of their physical disable children.
Highlights
And principally, each person is responsible for the consequences and effects of his/her harmful acts and the law obliges the persons to do their duties and prevent from doing some acts; whenever they didn’t act in such manner and a harm occurred, they have to compensate it
The second kind of responsibility of parents and children for each other is the responsibility arising from another one's act (Vicarious Liability); namely, the responsibility of parents for the harms exerted on harmed person on behalf of children under their protection or a responsibility that children have for the losses arising from the acts of parents under their supervision and protection
A question is proposed, if child is lunatic at the time of reaching to the maturity and growth age and, in other words, his/her lunacy is connected to the time of minority, or lunacy occurs on him/her after maturity, or his/her foolishness is connected and continued after maturity or foolishness occurs on him/her after maturity, whether parents have the duty of protection on him/her or not? Some believe that if lunatic person reaches to the maturity age, he/she may not be left in the society without support and supervision
Summary
Each person is responsible for the consequences and effects of his/her harmful acts and the law obliges the persons to do their duties and prevent from doing some acts; whenever they didn’t act in such manner and a harm occurred, they have to compensate it. Law sometimes knows the persons responsible for act of another and due to the loss which has been caused by another person. This is sometimes due to the legislator's support from harmed person and sometimes due to the support from the person under supervision, like civil responsibility of parents for children and children's responsibility for parents. The second kind of responsibility of parents and children for each other is the responsibility arising from another one's act (Vicarious Liability); namely, the responsibility of parents for the harms exerted on harmed person on behalf of children under their protection or a responsibility that children have for the losses arising from the acts of parents under their supervision and protection. Whether the parents have civil responsibility for the losses that child exerts on others or child has civil responsibility for the harms that the parents exert on others
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