CIVIL LIABILITY OF THE MENTALLY DISORDERED PEOPLE

Autores

  • Mahdis Riahy Department of Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran
  • Mahdi Esmaeile Professor, Department of Law, Ayatollah Amoli Branch, Islamic Azad University, Amol

DOI:

https://doi.org/10.22478/ufpb.2179-7137.2019v8n3.47575

Palavras-chave:

Civil Liability, Insane, Mentally disordered, Incapacitated, Redressing of Damages, Compensation, Remedy

Resumo

Nowadays, mental disorders are some of the most common diseases in our societies. In most cases mentally disordered people will be having problems with the environment which they live, people around them and even themselves; with the probability of causing damage. The question is does the mentally disordered individual counts responsible for the consequences of his actions or not? If yes, then what type of liability is on his burden and who is responsible for redressing the damages? In any case, which a person is forced to redress another individuals damage he has civil liability against the injured party. Civil liability is a rational and jurisprudential principle, and also a legal maxim that guaranties remedies for faults of individuals inside a contract or any damages done by the acts of individuals outside of a contract. Considering the legal protection Provided for the incapacitated; liability of incapacitated individuals is an important subject of civil and criminal law. Since the sinister intention is essential for criminal liability; the minor and the insane do not have any criminal liability but insanity and minority are not among the disclaimers of civil liability. In some legal systems such as “Common Law” Civil liability of the incapacitated individuals and their wardens is under the rule of general civil liability regulation. However, in Iran I.R. liability of the incapacitated is clearly recognized by the article “1216” of Iranian Civil Code. In respect of the above, we will be researching about the psychotic and mentally ill individuals and their liability in Jurisprudence and Iranian Case Law. Point of this research is to clarify the conditions of the insane and mentally disordered in Iranian Law and the support given to them by the Legislators

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Referências

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Publicado

2019-08-30

Como Citar

RIAHY, M.; ESMAEILE, M. CIVIL LIABILITY OF THE MENTALLY DISORDERED PEOPLE. Gênero & Direito, [S. l.], v. 8, n. 3, 2019. DOI: 10.22478/ufpb.2179-7137.2019v8n3.47575. Disponível em: https://periodicos.ufpb.br/ojs2/index.php/ged/article/view/47575. Acesso em: 19 jan. 2022.

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