Feasibility of Transformation in the Causes of Extinction of Legal Liability of Women with Emphasis on Their Physical Condition
Keywords:
Extinction of liability, legal liability, physical condition, womenAbstract
When liability emerged in the realm of law for individuals, the principle was that they are required to respond to that liability. One of the types of liability in the field of law is legal liability. This form of liability pertains to the financial and legal relations of individuals and is divided into two main categories: contractual liability and non-contractual liability. It appears that the extinction of individuals’ legal liability in Iranian law is limited to specific grounds. Accordingly, in Iranian law, if legal liability is imposed on an individual under special circumstances, or if due to particular conditions its fulfillment becomes impossible, or can only be carried out with extreme difficulty, the legal liability of individuals may be extinguished. Recent findings in medical research and advances in empirical sciences indicate that women’s special physical conditions in their monthly biological cycle to some extent affect their performance. This study, conducted using a descriptive-analytical method and library resources, seeks to answer the question of whether women’s physical condition may influence the extinction of their legal liability and whether it can be considered a new instance of the causes for the extinction of legal liability. The findings of this research suggest that, in response to this question, first, a distinction must be made between the various situations in which legal liability arises for individuals. Second, women’s particular physical condition can only be regarded as a ground for extinguishing liability in cases where either (a) at the time of contract conclusion, the individual was under the influence of intolerable duress caused by her physical condition, or (b) when the fulfillment of the obligation is contingent upon performance within a specific timeframe, and during this period, the occurrence of particular physical conditions in women results in the performance of the obligation being accompanied by extreme hardship.
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Copyright (c) 2025 Maryam Eizadi (Author); Arezoo Malekshah (Corresponding author); Ahmad ommi (Author)
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