Document Type : Scientific Research
Authors
1 Master of Theology Majoring in Fiqh and Fundamentals of Islamic Law, Payame Noor University, Bushehr, Iran
2 Assistant Professor of Jurisprudence and Islamic Law, Payame Noor University, Tehran, Iran
3 Assistant Professor of Jurisprudence and Law, Payame Noor University, Bushehr, Iran
Abstract
Professional civil liability involves the responsibilities arising from legal advice, medicine, advocacy, psychology and consultation, sports affairs and economic consulting. The purpose of this study is to analyze the jurisprudential and legal components of civil liability of psychologists and counselors towards clients. The debate over whether the civil liability of psychologists and counselors is contractual or coercive is not found in any of the writings, as the consequences of this discussion have not been analyzed. The method in this research is descriptive-analytical and library. One of the most basic questions raised in this regard is the jurisprudential and legal basis of the responsibility of psychologists and counselors to clients and the nature of the commitment of psychologists and counselors to clients. The research findings indicate that the basis of liability in individual and group counseling that the client refers directly and voluntarily to the psychologist and counselor, in addition, it is possible to invoking special rules of coercive liability, in principle, this type of responsibility should be considered as contractual. The commitment of psychologists and counselors is an obligation by means and action and it does not seem justified to hold them liability for the damage caused by the action they have taken based on current knowledge and technology. Also in article one of the Civil Liability law, it considers civil liability to be based on the fault of the researcher.
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