Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 373-386 |
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Abin A R, Haghtalab Z. A Comparative Study of the Civil Responsibility of Minors and Mental Patients; In Search of a Theory. MLJ 2022; 16 :373-386
URL: http://ijmedicallaw.ir/article-1-1652-en.html
URL: http://ijmedicallaw.ir/article-1-1652-en.html
A Comparative Study of the Civil Responsibility of Minors and Mental Patients; In Search of a Theory
1- Department of Theology and Islamic Studies, University of Sistan and Baluchistan, Zahedan, Iran.
2- Department Private Law, Neyshabur Branch, Islamic Azad University, Neyshabor, Iran.
2- Department Private Law, Neyshabur Branch, Islamic Azad University, Neyshabor, Iran.
Abstract:
Background and Aim: Looking at it from a different angle, talking about the civil responsibility of minors and mentally ill people is actually a philosophical exploration regarding the quality of the influence of young age and the weakness or lack of the psychological element of perception in civil liability rights.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: In this kind of research, we are basically faced with two attitudes and intellectual bases: on the one hand, there are objectivist systems that do not involve young age or the lack of a clean psychological element in the rights of civil liability, but the analysis approach They have based themselves on purely objective relationships. On the other hand, there are subjective systems (individualistic in a special sense) that look for the influence of complex psychological and mental elements on the rights of civil responsibility and the relations of the litigants.
Conclusion: This tendency tries to take a step by involving the age and psychological elements in the minimum or maximum adjustment of the civil responsibility of minors and minors. Despite this, it seems that a more logical solution is to adopt middle and mixed approach, a criterion that puts objectivity next to personalism and draws a favorable balance point between the rights of the parties to the dispute. But without a doubt, it is difficult to adopt a final and decisive solution in this kind of philosophical-legal studies, because the face of moral considerations and fairness in such studies has been prominent, the decisive boundaries of law and ethics have become fainter and in the same way The amount of achieving real justice becomes more difficult.
Please cite this article as:
Abin AR, Haghtalab Z. A Comparative Study of the Civil Responsibility of Minors and Mental Patients; In Search of a Theory. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e26.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: In this kind of research, we are basically faced with two attitudes and intellectual bases: on the one hand, there are objectivist systems that do not involve young age or the lack of a clean psychological element in the rights of civil liability, but the analysis approach They have based themselves on purely objective relationships. On the other hand, there are subjective systems (individualistic in a special sense) that look for the influence of complex psychological and mental elements on the rights of civil responsibility and the relations of the litigants.
Conclusion: This tendency tries to take a step by involving the age and psychological elements in the minimum or maximum adjustment of the civil responsibility of minors and minors. Despite this, it seems that a more logical solution is to adopt middle and mixed approach, a criterion that puts objectivity next to personalism and draws a favorable balance point between the rights of the parties to the dispute. But without a doubt, it is difficult to adopt a final and decisive solution in this kind of philosophical-legal studies, because the face of moral considerations and fairness in such studies has been prominent, the decisive boundaries of law and ethics have become fainter and in the same way The amount of achieving real justice becomes more difficult.
Please cite this article as:
Abin AR, Haghtalab Z. A Comparative Study of the Civil Responsibility of Minors and Mental Patients; In Search of a Theory. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e26.
Keywords: Civil Responsibility, Minors and Mental Patients, Subjectivism (Personalism), Objectivism (Specificism), Pluralism, Mixed Criteria
Type of Study: Original Article |
Received: 2023/04/14 | Accepted: 2023/07/8
Received: 2023/04/14 | Accepted: 2023/07/8
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