Proportioning of extradition liability and unfair use in Iranian jurisprudence and law with a view to judicial procedure

Document Type : Original Article

Authors

1 coach

2 assistant professor

Abstract

The purpose of this paper is to compare the extradition liability and unfair use of jurisprudence and law in Iranian jurisprudence. The findings of the study indicate that although the causes of coercive guarantee in Imami jurisprudence and law alone are not able to fully cover the new and exchangeable cases of unjustified and unjust possessions, so the "rule of sanctity of all property to falsehood" to The title of an indisputable jurisprudential rule can be the basis for proposing a new source of responsibility in Iranian law under the title of "guarantee resulting from unreasonable and unjust use" and explain its conditions and effects. There is disagreement in jurisprudence about the amount of liability and compensation. Therefore, this research has reached the conclusion with a descriptive-analytical method that, in Iranian law, influenced by Islamic jurisprudence, extradition liability can be identified, but it has been neglected in the procedure of courts and doctrine.

Keywords