Investigating the Legal Foundations of the Rule of Pride to Analyze the Application and Concrete Examples of this Principle in Shiite Jurisprudence

  •  Moradali Maleki    
  •  Seyed Ebrahim Mousavi    


One of the factors affecting to create responsibility is deceiving, this means that if onedeceives someone else or someone fooled. For example, in marriage husband or wife deceived other or in sale contract the buyer deceived seller and deceiving in this case created the responsibility and liability, this type of responsibility is the liability in legal terms is called pride guarantee that is kind of guarantee in law enforcement and civil liability remembered it.In the study, we are tried toexamine proud guarantee in Iran's rights and Shiite. According to classic principles of responsibility to guarantee that pride be justified on the basis of the theory of fault, which are according to this theory, in addition to fault, other elements such as the arrival of harm must be proven and even limiting reference rightofproud those losses realized is not incompatible with the theory of fault.

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