نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
In today's society, we are always trying to accurately identify the root causes of all types of violations and harassment in order to regulate social relations and protect the rights of individuals in society. Therefore, looking at Article 40 of the Constitution and also based on Article 132 of the Civil Code, We find that the legislator knew that in the present era, some individuals, at times, by exercising their rights with the intention of causing harm, create conflicts with other members of society, which can include instances of preference for interests, conflict of rights, loss of social purpose, fault, gross harm, improper behavior, and lack of serious benefit. Now that we know that exercising rights with the intention of harm causes losses, limitations, and obstacles for individuals, and according to the opinion of jurists, harming others is a forbidden act, it is necessary that this theoretical discussion be expressed as a general rule separately in our laws, and in addition to recognizing the rulings, its examples, the scope of harm, and the criteria for exercising rights with the intention of harm should be determined so that we do not witness unusual use of rights or the exercise of illegitimate rights in society. This article, which is a descriptive and analytical research, examines the rulings and practical examples of exercising rights with the intention of harm, which itself is a kind of definition of the subject.
کلیدواژهها English