Separation of Deliberate and Indirect Destruction in Iranian Law with an Emphasis on its Place in Jurisprudence

Abstract

Civil liability is the obligation of a person to compensate for the damage caused to others, sometimes it is a violation of contractual obligations and sometimes it is a violation of a customary and legal obligation. In discussions about deliberate and indirect destruction and separation of relevant legal rulings, it is usually discussed under the title of discussion of harmful verbs, and lawyers and legislators based on this division proceed to extract the rulings on damages. One of the rules that have been legislated to create civil liability and compulsory guarantee, and the legislator has compiled the legal articles and payment of damages according to this rule, is the rule of deliberate and indirect destruction. The aim of the current research is to examine the distinctions between deliberate and indirect destruction in civil regulations and as elements of active responsibility from the point of view of jurists and jurists. It seems that it is difficult to solve the problem and prepare regulations, which include a necessary method to compensate for incidental losses to people's lives and property, depending on the Revision of all the different laws related to the issue and textual rewriting is based on the principles. The results of the research show that the rule of subrogation has a close relationship with the rule of loss and, like it, it is one of the effective jurisprudential rules in the guarantee. And in cases where the cause is due to the fortiori from the steward, i.e. the general cause of deliberate destruction, instead of the rule of deliberate destruction, the rule of indirect destruction applies. In this article, various opinions and articles have been criticized and it has been shown how the usual practice of lawyers can cause mistakes in extracting rulings.