The Fundamental Basis for the Extinction of Non-Contractual Liability within the Scope of Voluntary Causes for Dissolving Civil Liability

1. Introduction and Objective
Non-contractual liability, as a fundamental pillar of the civil liability system, is grounded in respect for individuals’ rights, property, and acts, as well as in the prohibition of causing harm. Nevertheless, in certain cases, the injured party freely waives the legal protection afforded to their property or acts, thereby paving the way for the extinguishment of the wrongdoer’s liability. Examining the scope of this conduct within the framework of voluntary grounds for the extinguishment of liability—including owner’s permission, gratuitousness, gratuitous conferral of authority, voluntary assumption of risk, and abandonment—plays a decisive role in identifying the theoretical basis of the termination of civil liability. Despite their differences in legal nature and operation, all these voluntary grounds rest on a common theoretical foundation. The identification of this foundation is the principal objective of the present study.
2. Methods and Materials
This study employs a descriptive–analytical method and adopts the ijtihād-based approach of Imami jurisprudence.
3. Research Findings
The voluntary waiver of respect (eḥtirām) plays a pivotal role in the dissolution of liability and serves as the fundamental basis for the extinction of non-contractual liability arising from voluntary causes. In this regard, the role of this waiver within voluntary processes affecting liability dissolution is analyzed, and the conceptual distinctions, modes of expressing intent, and legal effects of each cause are elucidated. From this perspective, none of the voluntary causes of liability dissolution possess inherent independence; rather, they are merely manifestations of this foundational principle of waiver of respect.
4. Discussion and Conclusion
A foundational analysis indicates that the concept of waiver of respect not only provides a theoretical framework for explaining the dissolution of non-contractual liability, but also offers a basis for reexamining analogous doctrines in Islamic jurisprudence and civil law, thereby paving the way for redefining the relationship between freedom of will and the limits of non contractual liability in Imami jurisprudence.