• 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



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


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


Não há dados estatísticos.


A) Books

Arshadi, Aliyar, 1384, An explanation Iran’s civil law, Saye roshan publication, first publication, Tehran

Ardebili, Mohammad, 1386, General criminal law, 1st volume, Mizan publication, 14th publication, Tehran

Emami, Seyyed hasan, 1340, Civil law, first volume, Eslamiye publication, 71st publication, Tehran

Ansary, Masoud, 1340, Encyclopedia of civil law, 3rd volume, Mehrab publication, Tehran

Barikloo, Alireza, 1387, Individuals and their legal protection, Majd publication, first publication, Tehran

Jafari Langrodi, Mohammadjafar, 1346, Terminology of law, Ganje danesh publication, first publication, Tehran

Haeri, Ali, 1376, Explaining Iran’s civil code, ganje danesh publication, Tehran

Hossein nejad, Hosseingholi, 1370, civil liability, Cultural and collage publication of shahid beheshti, first publication, Tehran

Daliri, Mohammadsaleh, 1373, General criminal law, 3rd volume, Daad Publication, first publication, Tehran

Soltani nejad, Hedayatollah, 1380, Basis of civil liability in intellectual damages, Nor as-saghalain publication, Tehran

Shahidi, Mahdi, 1377, Creating contracts and obligations, 1st volume, Majd publication, Tehran

Sadeghi, Mohammadhadi, 1386, Crimes against individuals, Mizan Publication 10th publication, Tehran

Safayie, Seyyed hasan, Qassemzadeh, Seyyed Morteza, 1395, Civil laws of incapacitated individuals, Samt publication, Tehran

Taheri, Habibollah, 1376, Civil law 2, 1st volume, Islamic publication office, 2nd publication, Qom

Amid Zanjani, Abbasali, 1382, Causes of liability, Mizan Publication, 1st publication, Tehran

Feiz, Alireza, 1373, Basis of Islamic principles and jurisprudence, Tehran university publication, 6th publication, Tehran

Qassemzadeh, Seyyed Morteza, 1378, Basis of civil liability, Daadgostar publication, 1st publication, Tehran

Katozian, Nasser, Legal Acts of Contracts, 2nd volume, Publication Company, Tehran

Katozian, Nasser, 1381, Preliminary course of civil law: Legal Events, Publication Company, Tehran

Katozian, Nasser, 1385, Civil code in current legal order, Mizan Publication, 13th publication, Tehran

Lodessaran, Michael, 1375, Civil liability, Translated by Dr. Mohammad Ashtari, Hoghoghdan Publication, Tehran

Madani, Seyyed jalal od-din, 1385,Civil law: Investigation the profile of individuals and confidants, 7th volume, Paydar publication, 1st publication, Tehran

Moein, Mohammad, 1350, Moein Dictionary, Amirkabir publication, 1st publication, Tehran

Moein, Mohammad, 1375, Persian Dictionary, Amirkabir publication, 9th Publication, Tehran

B) Articles and Thesis

Rezapoor, Sarah, Autumn of 1390, Civil liability of insane in Iran’s law

Zaker Hosseini, Mohammadhadi, 1394, A research in liability of incapacitated and their wardens,

Elmi, Mohammadreza, Qobadi, Kaveh, Volume 10, Issue 4, Winter of 1393, Domain of Insanity in Jurisprudence and law, jurisprudential researches

Moradzadeh, Hasan, Volume 41, Issue 2, 1390, Collective Responsibility: A just solution in civil liability domain, Quarterly journal of law, Faculty of law and political sciences

Doroodian, Hasanali, issue 36, spring of 1376, civil liability from acts of individuals under guardianship, Tehran University’s faculty of law and political sciences

Azarbadegan, Hosseinali, Winter of 1380, Classification of mentally disordered individuals and their verdicts in “Mohaghegh Naraghi” view

Asgharzade, Aminsafih, Shahmohammadi, Davood, issue 2, Spring of 1378, Collection of laws about psychotic patients in Iran

Dr. Hosseinabadi, Amir, 1385, investigating article 7 of civil liability act

Badini, Hossein, Winter of 1383, Goal of civil liability, Law and politics, Issue 66, Tehran




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: Acesso em: 19 jan. 2022.



Seção Livre