Document Type : Original Article
Authors
1 PhD Student in Private Law, Vahedarak, Islamic Azad University, Arak, Iran.
2 Assistant Professor, Law Department, Allameh Tabatabaei College, Iran, Tehran.
3 Assistant Professor of Law, Islamic Azad University, Shahr-e-Quds Branch, Iran, Shahr-e-Quds.
Abstract
Criminal and civil liability is personal according to the rules of the current legal system of our country and its transferability requires judicial procedures. However, according to the United States General Assembly Fire Department, if a claim is made for the purpose of saving the life / persons, the claimant will not be held directly liable by the injured party against the rescued person and the rescuer. This research has been done by analytical-descriptive method with the aim of investigating the applicability of this rule in the legal system of the country. It was concluded that at present, only under the jurisprudential rule of Ehsan and citing Article 167 of the Constitution, first a claim for damages was made against the rescuer, which is usually upheld, and then a secondary lawsuit was filed by the rescuer against the rescued, which was accepted by the judge. From the jurisprudential rules of harmlessness, benevolence, causation and loss depend. Therefore, the implementation of this rule in the Iranian legal system is facing problems. Therefore, for the strict implementation of this rule, it is necessary for the legislator, while adding an article or notes to the civil and criminal laws, to determine the aspects of liability due to urgency and having a positive motive, aspects of its transfer, and simple formalities.
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