The Theory of Guarantee as the Basis for the Responsibility of the Employer for the Actions of the Employee in Civil Law and Ja'fari Jurisprudence
Human beings, by nature, are not held accountable for the actions of others; they are only responsible for their own actions.This principle is supported by both legal and religious texts.However, as an exception to this rule, and under specific conditions, civil laws have recognized a type of responsibility known as "responsibility for the actions of others."The purpose behind this exception is to explore the basis of this responsibility, which we will examine through a descriptive, analytical, and comparative approach between civil law and Ja'fari jurisprudence.Responsibility for the actions of others, as an exception to the general rules of civil liability, is divided into two categories: the responsibility of the guardian for those under his care and the responsibility of the employer for the actions of his employee.The responsibility of the employer for the actions of his employee means that the employer bears the liability for harmful actions committed by the employee while performing tasks on behalf of the employer, provided that the actions
Authors
- Atheer Jabar Ali
- Ahmad Delmi
Institutions
- University of Qom (IR)
Publication Details
- Journal
- ADAB AL-BASRAH
- Published
- 2024-12-29
- DOI
- https://doi.org/10.56822/aabjdoi.2024.110.01.12
- Primary Topic
- Legal Studies and Policies
- Type
- article
- Field-Weighted Citation Impact
- 0.00