نوع مقاله : مقاله پژوهشی
نویسندگان
گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Continuity of imposing sanctions against Iran and its harmful effects on natural and legal person has brought up the necessity to determine of the scope of liability due to imposing sanctions. Clarifying this issue requires examining the viewpoints of thought governing the limits of the legitimacy of sanctions and then determining the scope of civil liability due to imposing of illegitimate sanctions in domestic and international law. The present research which was written with analytical-descriptive method and using library tools, clarifies foundations of civil responsibility due to imposing sanctions in domestic and international law.
Regarding the conceptual difference of civil liability foundations in domestic law and international law, civil liability due to imposing of sanctions in domestic law is subject to the theory of fault and in international law is subject to the theory of risk, but both domestic and international systems have this common point that they consider the act of violation of international law as an objective element, regardless of whether that act is intentional or unintentional. In this way, the imposition of sanctions that enforce or effect it violate international law, will causes responsibility of the sanctioning authority.
کلیدواژهها [English]
