چکیده:
Parental responsibilities in upbringing children have led to their legal liabilities, and according to Article 7 of the Civil Liability Law enacted in 1960, parents are held responsible for any harm caused to children due to their negligence in the care and supervision. This responsibility encompasses both their actions and omissions. From a legal perspective, inadequate upbringing of a child is considered as negligence and imposes liability on parents. According to Article 295 of the Islamic Penal Code, if someone fails to perform an act that they are obligated to do or abandons a specific duty that they are responsible for, and as a result, a crime is committed, they can be held accountable for intentional, quasi-intentional, or pure negligence. On the other hand, by waiving privacy in the physical realm, all regulations that apply to negligence and abandonment of parental duties in the physical space are also applicable to the virtual space. Regarding the enforcement of these laws, except for the deprivation of custody rights in cases of abandonment, there is no specific provision for parental negligence, despite the existence of guardianship responsibilities and obligations, both in the continuity of life and in separation. The omission of legal measures for parental negligence, including the omission of actions in the virtual space such as abandoning a child, has not been adequately addressed. This article, relying on the principles of Imamite jurisprudence and the legal system of Iran, aims to prove parental legal responsibility for the harms caused by virtual spaces in the upbringing of children and emphasizes the necessity of public education.
خلاصه ماشینی:
The Function of De-anonymization in Proving the Legal Liability of Parents Arising from Virtual Space Harms 1 Soha Karsaz 2 Kobri Pourabdullah Abstract The educational duties of parents have led to their legal liabilities, and according to Article 7 of the Civil Liability Law passed in 1339, whenever parents are negligent in the care and supervision of a child, they are responsible for the harmful acts of the child; based on the generality of this article, this responsibility also includes their actions and omissions.
According to Article 295 of the Islamic Penal Code, if someone fails to perform an act they have undertaken or a specific duty imposed upon them by law, and as a result, a crime is committed, provided they had the ability to perform that act, the resulting crime is attributed to them and, depending on the case, is classified as intentional, quasi-intentional, or pure error; therefore, the importance of parental responsibility towards children has been clearly explained in the jurisprudential and legal systems, but due to the qualitative differences between real and virtual spaces, the harms of virtual space have not been addressed like those of real space.
Considering the points mentioned regarding upbringing, as well as the implications stated in various contexts regarding the concept of custody and the care of children, it must be said that the educational duties of parents lead to their legal responsibilities, and according to Article 7 of the Civil Liability Law enacted in 1339, whenever parents are negligent in the care and supervision of the child, they are responsible for the harmful actions of the child, and based on the literal application of this article, this responsibility includes both their actions and omissions.
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