Civil liability of the mentally disordered people
| Autor | Mahdis Riahy - Mahdi Esmaeile |
| Cargo | Department of Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran. Email: Mahdis.riyahi1367@gmail.com. - Professor, Department of Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran. Email: Dresmaeli@yahoo.com. |
| Páginas | 284-300 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 8 - Nº 03 - Ano 2019
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
284
CIVIL LIABILITY OF THE MENTALLY DISORDERED PEOPLE
Mahdis Riahy
1
Mahdi Esmaeile
2
Abstract: Nowadays, mental disorders
are some of the most common diseases
in our societies. In most cases mentally
disordered people will be having
problems with the environment which
they live, people around them and even
themselves; with the probability of
causing damage. The question is does the
mentally disordered individual counts
responsible for the consequences of his
actions or not? If yes, then what type of
liability is on his burden and who is
responsible for redressing the damages?
In any case, which a person is forced to
redress another individuals damage he
has civil liability against the injured
party. Civil liability is a rational and
jurisprudential principle, and also a legal
maxim that guaranties remedies for
faults of individuals inside a contract or
any damages done by the acts of
individuals outside of a contract.
Considering the legal protection
Provided for the incapacitated; liability
1
Department of Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran. Email:
Mahdis.riyahi1367@gmail.com.
2
Professor, Department of Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran.
Email: Dresmaeli@yahoo.com.
of incapacitated individuals is an
important subject of civil and criminal
law. Since the sinister intention is
essential for criminal liability; the minor
and the insane do not have any criminal
liability but insanity and minority are not
among the disclaimers of civil liability.
In some legal systems such as “Common
Law” Civil liability of the incapacitated
individuals and their wardens is under
the rule of general civil liability
regulation. However, in Iran I.R. liability
of the incapacitated is clearly recognized
by the article “1216” of Iranian Civil
Code. In respect of the above, we will be
researching about the psychotic and
mentally ill individuals and their liability
in Jurisprudence and Iranian Case Law.
Point of this research is to clarify the
conditions of the insane and mentally
disordered in Iranian Law and the
support given to them by the Legislators.
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 8 - Nº 03 - Ano 2019
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
285
Keywords: Civil Liability, Insane,
Mentally disordered, Incapacitated,
Redressing of Damages, Compensation,
Remedy
Introduction:
Like many other branches of
Law, Civil liability comes from Roman
law; Since Roman law begins in 8th
century BC and ends in 6th Century AD
at the time of Byzantine Emperor
“Flavius Lustinus Augustus”. For 13
centuries the Roman law had developed
from early stages to its peak in the 6th
century. In early times every human who
faced damage or harassment would have
found his remedy in personal revenge.
Main goal of these actions where to
make an example for rest of the society,
leading to more bloodshed due to more
hatred among families; later on, a more
temperate reaction was used in which the
damaged party had the right to choose
between personal revenge or a remedy
for the damages; In fact head of a family
would have bought the damaged party’s
right of revenge with a sum of money. In
the late stages asking for remedies went
under a regulation known by common
people of a society and then these
regulations became written principles.
One of the oldest written laws is “Leges
Duodecim Tabularum” that a part of it is
related to remedies and punishments. In
Iran, Civil Code (Also known as The
Mother Code) began its existence with
the enactment of its first volume about
Transactions and bargaining in 1928 an
then its second and third volume about
Personal Status and rules of evidence in
1933 and 1935. Iranian Civil Liability
Act was passed by Iran National
Parliament in 1950 with 16 articles with
a glance at western laws especially Swiss
laws of obligation and Iranian case law
at that time. Liability in its legal
definition is a mandatory or voluntary
obligation of one individual against
another individual (whether financial or
non-financial) and civil liability is yet
one of the most complicated branches of
law and still needs a resolution from
Jurists and professors of law. It is a
logical principle that the aggressor party
pays something as compensation to the
aggrieved party. Generally, every
transaction that happens between people
is based on this principle. In current
laws, the laws of civil liability supervise
the responsibilities of any actions.
Anyone who could be counted as
criminal liability is also responsible for
the consequence of his actions; that
means he has to pay compensation for
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