Document Type : Original Article
Authors
1 PhD student, Department of Private Law, Damghan Branch, Islamic Azad University, Damghan, Iran
2 Assistant Professor, Department of Private Law, Damghan Branch, Islamic Azad University, Damghan, Iran
Abstract
Highlights
The civil responsibility of the government is the logical result of the rule of law, and justice dictates that no violation of the law and loss, whether material or spiritual, remain uncompensated. According to Article 11 of the Civil Liability Law, losses caused by the exercise of sovereignty cannot be compensated by the government because the government is not at fault for causing such losses. Since this theory causes many damages not to be compensated, it should be limited to the cases mentioned in the text and its extensive interpretation should be avoided, i.e. the government is exempt from paying damages when it is in the position of exercising sovereignty and that act according to Necessity, to provide social benefits and according to the law. Of course, with the passage of time, this theory has been adjusted to a great extent, and the current practice tends to recognize the responsibility of the government even in the assumption that the government is in the position of performing sovereign acts.
The main question that this research seeks to answer is the examination of the limits of the government's civil responsibility in the field of domestic law as well as in the international field. In the field of domestic law and with the developments in administrative law, the government's civil responsibility has undergone positive developments and today the principle of the government's civil responsibility has been recognized.
Due to the importance of the issue of internet communication and its extent in the virtual space and the realization of various responsibilities in this space, the purpose of examining the issue in the present research is to investigate the basics of civil liability arising from internet communication in Iranian law by studying and applying in the documents Europe should be treated with a descriptive-analytical method. As a result of the realization of civil liability caused by internet communication in Iranian law, according to the establishment of elements such as loss, harmful act and causation relationship, it is realized that the European Union has accepted elements such as foreseeability of loss in the presumption of fault of the minor. For this reason, the compensation of damages caused by internet communication has been foreseen in various regulations in the laws of Iran and the European Union.
Communication networks appear in technical and hard forms (digital and analog such as telephone and internet) as well as in the form of interpersonal and group communication through oral and written communication, the first type of which is one of the important infrastructures of the information society. Despite the importance of "communication network", less attention has been given to its conceptual explanation and especially its difference and interaction with the information network, and it seems that researchers have taken this important issue for granted and have paid more attention to their types and applications, and in many cases these two are used interchangeably. are also used. After defining the network, it is now necessary to provide a comprehensive explanation of the concept of communication network by defining communication. Communication is the process that links organisms together. This organism may refer to two friends talking, newspapers and their readers, a country and its postal service and telephone system. There are four main components in any communication, which are: sender, receiver, message and communication environment. The purpose of communication is to transfer the message (symbol) through the communication medium between the sender and the receiver.
With the passage of time and in spite of acknowledging the sovereignty of the government, they have considered responsibility not only not opposed to sovereignty but also necessary for it. In other words, it should be said that responsibility is a manifestation of human dignity. According to one of the jurists, it is appropriate for the sovereign government to be a complete and worthy example for its fellow citizens, and this is not possible unless it bears the responsibility when harm comes to one of its fellow citizens.
The governing basis of civil liability arising from internet communication in the laws of Iran and the European Union has been studied in different jurisprudential and legal dimensions, and this issue forms the difference between the two written laws. For example, one of the jurisprudential foundations of civil liability arising from internet communications in Iranian law can be called the harmless rule. Therefore, the harmless rule is one of the jurisprudential bases of civil liability arising from internet communication. Another basis of jurisprudence is the rule of tasbib. For example, is a virus that a hacker introduced into the Internet and thereby harmed other information and software, is this harm caused by corruption or waste? That is, the act performed is considered responsible and the hacker is responsible for the loss, or is the said virus caused by the intermediary between the hacker and the damage, in which case the damaging action should be investigated under the heading of attribution or "attributable loss"? The benefit of this discussion will appear when it is noted that in Iranian law, waste and corruption are two independent sources of civil liability caused by internet communication, and since the past, the rules and conditions of these two sources for the realization of civil liability have been different. Non-harm to others is respected in the virtual space due to the sanctity of property and cyberspace. For example, if a person broadcasts an interview on the media and another person disrupts the broadcast of that interview, etc., this will be against the rule of respect. The meaning of respect is the immunity of property from seizure and trespass; This means that, firstly, trespassing and trespassing against the property and privacy of cyberspace is not permissible, and secondly, in the event of trespassing and trespassing, the trespasser is responsible and guarantor; Undoubtedly, the provisions of this rule are signature rules of Islam, not established; Therefore, violating the privacy of others in a rational and logical way, in the media of cyberspace, is guaranteed. At the beginning of the speech, it should be stated that beneficence is traditionally one of the cases of disqualification of coercive guarantee, and the purpose of this rule is that if someone, with the motive of serving and benevolent to others, causes harm to them, his action is not guaranteed. However, if a doctor prescribes medicines for different people in the cyber space and due to internet communication out of good faith, and in this case the said people who are the doctor's patients suffer damage, in this case the doctor, according to The good faith he had will not be a guarantee for the damage. In the European Union, because the legislator has not provided a definition of this term, more theoretical discussions have been raised regarding the explanation of its meaning.
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