Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 13-26 |
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Mohebian G R, Mousavi S E, Mirzaei J. Jurisprudential Foundations of the Government's Civil Responsibility in Compensating for Damages Caused by the Corona Virus. MLJ 2023; 17 (58) :13-26
URL: http://ijmedicallaw.ir/article-1-1543-en.html
URL: http://ijmedicallaw.ir/article-1-1543-en.html
1- Department of Law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran.
Abstract:
Background and Aim: The widespread spread of the corona virus (Covid-19) has led to the infection of millions of people and the death of thousands of people in the world. This issue has raised the possibility or not of the government's civil responsibility for the corona disease as an important question and has become a benchmark for the efficiency and rationality of various scientific and religious systems and schools; So that it can be considered from many aspects, including jurisprudential-legal challenges. For example, we can mention issues such as the guarantee of sovereignty and the government's civil responsibility in life and financial damages, the application of the rule of quarantine and restriction of freedom, etc. This research examines and explains the jurisprudential-legal foundations of the government's civil responsibility in the Corona crisis.
Methods: This research is of a theoretical type, the research method is descriptive and analytical and the method of collecting information is library-based, referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: In order to ensure people's health, it is conceivable to have appropriate and jurisprudential-legal bases for creating the responsibility of the government to prevent and compensate for the damage caused by the corona disease. By dividing the considered bases, the rule of justice, the rule of sanctity of Muslim property, maintenance of economic security and public order as general bases and the rules such La zarar and Etlaf and Tasbib have been considered and cited as special grounds for proof of compensation.
Conclusion: According to the aforementioned principles, the actions of the government, such as not closing the borders in time, not announcing the arrival of the corona virus in the country in a timely manner and not controlling and finding effective solutions in the fight against this virus, are examples of damage and bear responsibility.
Please cite this article as:
Mohebian GH-R, Mousavi SE, Mirzaei J. Jurisprudential Foundations of the Government's Civil Responsibility in Compensating for Damages Caused by the Corona Virus. Medical Law Journal. 2023; 17(58): e2.
Methods: This research is of a theoretical type, the research method is descriptive and analytical and the method of collecting information is library-based, referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: In order to ensure people's health, it is conceivable to have appropriate and jurisprudential-legal bases for creating the responsibility of the government to prevent and compensate for the damage caused by the corona disease. By dividing the considered bases, the rule of justice, the rule of sanctity of Muslim property, maintenance of economic security and public order as general bases and the rules such La zarar and Etlaf and Tasbib have been considered and cited as special grounds for proof of compensation.
Conclusion: According to the aforementioned principles, the actions of the government, such as not closing the borders in time, not announcing the arrival of the corona virus in the country in a timely manner and not controlling and finding effective solutions in the fight against this virus, are examples of damage and bear responsibility.
Please cite this article as:
Mohebian GH-R, Mousavi SE, Mirzaei J. Jurisprudential Foundations of the Government's Civil Responsibility in Compensating for Damages Caused by the Corona Virus. Medical Law Journal. 2023; 17(58): e2.
Type of Study: Original Article |
Received: 2022/08/11 | Accepted: 2022/11/18
Received: 2022/08/11 | Accepted: 2022/11/18
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