Validation of Collective Responsibility in the Iranian Legal System
Keywords:
collective responsibility, collective action, joint and several liability, vicarious liabilityAbstract
In the Iranian legal system, the fundamental principle is that of individual responsibility. Although the legislature has recognized collective responsibility in certain cases, this type of liability has not yet been considered as a fully developed legal institution with defined assumptions and requirements. At first glance, accepting the notion that the Iranian legal system recognizes collective responsibility may seem difficult and unlikely; however, a closer examination of statutory laws reveals that the Iranian legislature has indeed referred to the collective nature of liability within civil, commercial, criminal, and other areas of law, thereby acknowledging its validity. In some cases, despite the act being committed by an individual, other persons have also been held liable. The significance of collective responsibility lies in the expansion of the scope of liability. There are instances of liability that can only be explained through the lens of collective responsibility, to the extent that liability for the act of another is justified solely based on the theory of collective responsibility.
References
Al-Sharif, M. M., & Sadeqi, S. V. (2024). Examining the liability of transport operators arising from the actions of subsidiary operators. Private Law, 21(1), 13-27.
Ardabili, M. A. (2024). General criminal law (Vol. 2). Mizan.
Deylami, A., Zand Lashani, N., & Javadiyeh, A. (2020). Foundations of liability arising from non-action in English and Iranian law. Civil Law Knowledge, 9(2), 67-79.
Emami, M., Poladin Torqi, H., Mohammadi Moghadam, M. J., & Farahzad, M. (2023). Jurisprudential foundations of civil liability arising from non-action. Journals of Jurisprudential Principles, 9(30), 133-160.
Eskini, R. (2008). Commercial law of trading companies (Vol. 1). Samt Publishing, Tehran.
Goldouzian, I., & Hosseinjani, B. (2005). Foundations of the principle of personal liability in the realm of religions. Criminal Law Teachings, 1(15), 127-146.
Jafari, M. (2017). Rethinking the concept of criminal liability for non-action. Criminal Law Research, 6(20), 173-200.
Jankovic, M., & Ludwig, K. (2018). The Routledge Handbook Of Collective Intentionality. Routledge, New York. https://doi.org/10.4324/9781315768571
Katouzian, N. (2007). Extracontractual obligations, coercive liability, civil liability (Vol. 1). University of Tehran.
Mousavi Mojab, S. D., & Rafieizadeh, A. (2016). The scope of criminal liability of legal entities in the Islamic Penal Code. Quarterly Journal of Criminal Law Research, 4(13), 147-169.
Safaei, S. H., & Rahimi, H. (2018). Civil liability (extracontractual obligations). Samt Publishing, Tehran.
Safaei, S. H., & Rahimi, H. (2024). Comparative civil liability. Shahr Danesh, Tehran.
Searle, J. R. (1996). The Construction of Social Reality. Penguin Books.
Shahsavar, S. (2011). Examining the subject matter scope of practical companies. Fifty-Third Association, November, 122-116-167.
Yazdaniyan, A. (2013). A comparative study of the civil liability rule arising from non-action in Iranian and French law. Journal of Comparative Law, 42(4), 249-268.
Yazdaniyan, A., & Arai, H. (2014). A comparative study of the civil liability of hospitals for the actions of their employees and its analysis in light of liability arising from non-action. Journal of Comparative Studies, 1(2), 151-180.
Zakeri, M. (2016). An introduction to the philosophy of action. Samt and Center for Research and Development of Humanities, Tehran.
