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

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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
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article

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

Atheer Jabar Ali, Ahmad Delmi
ADAB AL-BASRAH
Legal Studies and Policies
article

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

Atheer Jabar Ali, Ahmad Delmi
article en

Abstract

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

ADAB AL-BASRAHVol. 110
University of Qom (IR)
Peace, Justice and strong institutions
Openalex Percentile: Top 52%
Legal Studies and Policies
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