Theory of abuse of the right to imprisonment in Iranian and Canadian law

Document Type : Original Article

Authors

1 Department of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran

2 Assistant Professor, Department of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran

3 Assistant Professor of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran

Abstract

Today, the right to imprisonment is considered as one of the progressive rights in the written law of most countries. The issue of abuse of rights is mentioned in Article 40 of the Constitution and some articles of the Civil Code, but the issue of abuse of the right to imprisonment in the Civil Code or special regulations is not specifically addressed in independent articles. In line with the right to imprisonment in Canadian law, which's legal system is derived from the Commonwealth legal system, the issue of abuse of the right and in some articles civil liability is mentioned. Under Article 1457 of the Canadian Civil Code, a sane person is required to pay compensation for his or her fault, which may result from the abuse of the right to imprisonment. Therefore, according to library studies and analysis and description of existing sources and regulations, the issue is studied. However, the issue of abuse of the right to imprisonment cannot be considered trivial in Iranian and Canadian law, and this issue has been recognized as an important principle.

Keywords

Political Sociology of Iran
Volume 5, Issue 8
October 2022
Pages 1874-1887

Files

Share

How to cite

Statistics