ソーシャルミクスジャーナル

概要

Investigation and Identification of Parental Civil Liability for Harmful Acts and Behaviors of Their Children

Seyed Ali Ahmadzadeh*, Mohammad Bagher Parsapour and Ebrahim Azizi

The present study aimed to examine, identify and explain parental civil liability for detrimental acts of their children as well as examining weak points and vague of related laws. To achieve a better understanding of liability, first it defines this legal entity, and then the definition of parents and its similar terms have been ad-dressed. Also, jurisprudence foundations that caused the emergence of this liability for parents were mentioned, and legal and psychological perspectives on this issue have been raised. Also, the question arises-whether liability or responsibility arising from the same act or omission? Is it harmful to an act or omission by virtue of their responsibilities? In response to this question, several theories of jurists and lawyers expressed. But the majority is of the view that liability arising from an act or omission is the same. But the two are different, and the difference in creating a sense of responsibility or liability is the basics. With the explanation that the loss is not achieved simply by harmful act omission while Tsbyb both the verb and the omission is realized, resulting liability. Finally, it analyzes the related Iranian laws. The results indicate that different assumptions and conditions are needed to be considered in order to know the parents to be responsible, and parental liability for their children’s acts is not absolute and unconditional. Therefore, in our legal system, in other words, silence is not responsible sufferance no rights. The exceptional cases by jurists and lawyers stated that a person’s silence is his responsibility. But these exceptional cases, such defects women should not be restricted interpretation of this criterion is exceptional unity and the introduction of harm to another person’s silence wherever the person responsible was silent.