The fundamental basis of the extinction of strict liability within the domain of voluntary causes of civil liability dissolution

1. Introduction and Objective

Tort liability, as a fundamental pillar of civil liability system, is grounded in respecting rights, property, and actions of individuals and prohibiting harm. Nevertheless, in certain cases, the injured party freely relinquishes respect owed to their property or act, paving the way for extinction of the tortfeasor's liability. Examining such voluntary acts- proprietary permission, gratuitous donation, voluntary empowerment, self-exposure to harm, and abandonment- plays a decisive role in uncovering the theoretical foundation of liability exemption, since despite their legal differences, all these voluntary causes rest upon a common principle. Discovering this foundation is the main objective.

2. Research Methodology

This research employs a descriptive-analytical method and the ijtihadi approach of Imamiyya jurisprudence.

3. Research Findings

The findings reveal that voluntary waiver of respect occupies a central position in liability dissolution and may serve as the primary source of tort liability extinction through voluntary causes. The study analyzes respect-waiver within voluntary processes leading to liability dissolution and explains conceptual distinctions, modes of consent, and legal effects. From this perspective, all voluntary causes of liability extinction are merely manifestations of this foundational principle.

4. Conclusion

Analyzing the unified foundation shows that waiver of respect not only provides a theoretical framework for explaining the collapse of tort liability but also offers grounds for reinterpreting analogous institutions in Islamic jurisprudence and civil law, and paves the way for redefining the relationship between freedom of will and limits of tort liability in Imamiyya jurisprudence.