The position of the intention of the act in civil liability

The position of the intention of the act in civil liability

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when a one has caused damage, (he or she) has a civil liability.According to the rule of wasting, which is manifested in Art superdry baseball top 328 of the Civil Code, the creator of loss must have the intention of a definitive act Whether he has intended the result or not.The main question is whether a one who does not intend to act, such as an infant or a sleepy person, or a person who has vibration of hands vibration has caused financial or physical damages without any intention, is also a guarantor or not? This article rejects the theory of attribution of losses to the creator of losses.

And separates the relation of customary causality from philosophical causation.And by demonstration the impossibility of attribution cent dyyni the damage to the person who does not intend to act - whether in financial or physical losses - he will be exempt from civil liability.But the guarantee, which is a positive rule, according to narrations such as "the blood of the Muslim does not waste", if there is a cause, the cause is responsible and if there is no cause, on the base of distributive justice and social participation the treasury has responsibility.