M.A. Thesis:

Examining the obstacles and conditions of the rule of action and its role in eliminating civil liability

Whenever a person acts against himself, or provides the cause of his guarantee or accepts the occurrence of damage, he is deprived of claiming all or part of the damages. The basis of this lack of entitlement in Islamic and Iranian law is the rule of action. Considering the use of Islamic jurisprudence by the legislator of our country, the examination of jurisprudence rules is of particular importance, it is possible to provide the basis for increasing the reference to jurisprudence rules. Of course, some elders do not consider "action" as a rule, but as a "jurisprudential theory". The rule of action is one of the rules that is used in most jurisprudential-legal discussions. One of the most important Islamic commandments, which is supported by collective and rational wisdom and plays an important role in protecting and protecting the material and financial rights of individuals, is that it has considered civil responsibility and guarantee for those who violate the sanctity and violate the financial rights of individuals. This means that if a person or persons take possession of his property without the consent of the owner and thereby cause damage to him, he is obliged to compensate the damage in any possible way. Despite the fact that compensation for the damage caused by the cause of the loss is undeniable, but in jurisprudence and law, we come across cases where the cause of the loss has caused damage to the owner, but does not have any guarantee or responsibility towards him. When we look at the root of this problem, we see that the jurists have stated several reasons for it, one of which is the rule of action. According to the rule of action, if the owner consciously takes action against his own loss, the cause of the loss has no guarantee or responsibility for the loss.

Keywords: Keywords: obstacles and conditions, rule of action, removal of civil liability.