Self-Harm Rule in Imameyeh Jurisprudence and Case Law

In general, it is certain when somebody acts against himself, he should accept occurrence of loss, be deprived from all or part of claim for damages. The base of this lack of entailment in Islam and Iran law is consent andparticipation rules in fault. We can know self-harm rule as those rules that it has usage in the majority of jurisprudence –law issues, in addition to obstruction waiver it is of this ability to cause emergence of other law rules such as abandonment, acquit, and warning. Moreover, it causes reduction or his complete deprivation of claim for damages in civil liability based on the effect of prior negligence in detrimental event. The meaning of rule is that if somebody acts against him, he does not is not entitled to solicit remedy in terms of loss that he has suffered. When an owner assents other’s quiet possession, we cannot know possessor as obligor. Like someone who buys a property in a price more than real one, or sells his property less than its real price intentionally or deliberately. This study shows jurisprudents have expressed self-harm rule as concept of loss acceptance and obstruction waiver from other as one of the causes of waiver collapse and lawyers reviewed this rule in some of law resources and know it provable only in express law. Despite jurisprudents did not also discussed terms of this rule separately, we can consider such terms being owner, adult, sane, and aware as conditions of this rule based on jurisprudents’ wording. Based on the high importance of the self-harm rule in jurisprudence and case law, while all those attempted in this regard paid homage and it was attempted to determine this rule in this study entirely and its usage be studied in Iran jurisprudence and case law.

Keywords:

Self-harm rule , Obstriction Offeree , Obstriction Abortion , jurisprudence , case law