The Effect of the Consent of the Injured Party in the Civil Liability Caused by Sports Accidents during Sports Operations with an Attitude to the Moral Basis
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 12 No. 1 (1401),
3 December 2022
,
Page 1-11
https://doi.org/10.22037/bioeth.v12i1.39913
Abstract
Background and Aim: One of the important issues related to civil liability caused by sports accidents is the effect of injured consent in determining civil liability and its amount. This study, while paying attention to the moral and legal foundations of the validity of the injured satisfaction in sports operations, examines its role in applying the civil liability rules and compensation for damages.
Methods: This research is of a theoretical type and has been carried out with a descriptive-analytical method while using library resources.
Ethical Considerations: In the present research, the ethical aspects of library study, including the authenticity of texts, honesty and trustworthiness, have been observed.
Results: The injured consent is a kind of declaration of unilateral will, and its validity is based on respecting the principle of independence and autonomy of individuals. From an ethical point of view, the validity of injured consent in sports activities can be analyzed in the light of the balance between the principles of autonomy, prohibition of harm and beneficence. In Iranian law, although the consent of the injured party and its effect in civil liability have not been considered by the laws, but by referring to the foundations and rules (jurisprudence and law) as well as the interpretation of the provisions of the law, it can be understood that the consent of the injured party has an influence and its effect is to remove or reduce the liability in relation to usual accidents in any sports field.
Conclusion: The role of the consent of the injured party in different legal systems is different according to the laws and social and legal structures. In domestic law, considering the legal gap in this regard, it is suggested to amend and develop the laws regarding civil liability in sports, including the determination of the conditions and effects of injured consent in sports activities and the resulting accidents.
Please cite this article as:
Arastoee M, Babaei D, Ekrami R. The Effect of the Consent of the Injured Party in the Civil Liability Caused by Sports Accidents during Sports Operations with an Attitude to the Moral Basis. Akhlaq-i zisti, i.e., Bioethics Journal. Special Issue on Law and Ethics Innovations. 2022; e4.
- Sports Accidents; Injured; Informed Consent; Elimination of Responsibility; Compensation
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