The Legal Status of Civil Liability Deterrence and Its Weakening Factors
Subject Areas : حقوق مدنیMostafa Abbasi 1 , Hamed Nabizadeh 2 , Khashayar Heydarian 3
1 - PhD student in Criminal Law and Criminology, Department of Law, Faculty of Humanities, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
2 - PhD student in Private Law, Department of Law, Faculty of Humanities, Aras International Branch, Islamic Azad University, Aras, Iran.
3 - PhD student in private law, Law Department, Faculty of Humanities, Kish International Branch, Islamic Azad University, Kish, Iran
Keywords: Civil liability, mitigating factors, legal system, insurance,
Abstract :
Civil liability is one of the key instruments in achieving justice and protecting the rights of victims. By imposing enforceable guarantees on wrongdoers, it plays a deterrent role in preventing harmful behavior. However, in Iran’s legal system, this role has not been fully realized due to structural and practical weaknesses. Various factors—such as lack of transparency in laws, inefficiency in the enforcement of judicial rulings, and the disproportionate nature of awarded damages in relation to economic conditions—have weakened the deterrent function of civil liability and challenged the legal system in achieving its preventive goals.Findings of this research indicate that the absence of public awareness campaigns, weak oversight of harmful conduct, and existing gaps in both theory and practice of civil liability regulations have increased opportunities for wrongdoers to exploit the system, thereby significantly reducing its effectiveness. This situation highlights the necessity of revisiting legal frameworks and implementing effective policies to strengthen deterrence.To enhance the legal standing of civil liability as a deterrent mechanism, this study proposes measures such as reforming and updating laws, promoting public awareness to increase social understanding of the consequences of harmful behavior, and strengthening compensation systems through intelligent mechanisms tailored to economic realities. These actions can reduce existing weaknesses, improve the effectiveness of civil liability in preventing harmful conduct, and contribute to the realization of social justice goals.
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