The Civil Responsibility of Guardians for Minor and Mentally Ill Individuals in Afghan Law
DOI:
https://doi.org/10.61438/bsrqj.v2i4.164Keywords:
Civil Responsibility, Minors without Discernment, Mentally Ill Individuals, Attribution Capacity, Afghan Law, Legal GuardianAbstract
This article examines the civil responsibility of minors without discernment and mentally ill individuals in Afghan law. In this legal system, individuals who lack the capacity for discernment are exempt from civil liability, and compensation for damages falls upon their legal guardians. Articles 762 and 790 of the Civil Code of Afghanistan present different approaches in determining the responsibility of guardians, which creates challenges for both the victims and the guardians. This research uses an analytical-descriptive method to explore the issue of "attribution capacity" concerning the civil responsibility of those legally incapacitated, aiming to propose practical and comparative solutions to improve the civil liability system in Afghanistan. The primary research question is how can the civil responsibility of minors without discernment and mentally ill individuals be effectively explained and implemented in Afghan law, considering the legal differences? The necessity of this research is particularly felt in providing legal and practical solutions to enhance the civil liability system and compensate damages resulting from the harmful actions of individuals without discernment in Afghan law. The article emphasizes that transferring responsibility to guardians is crucial for ensuring justice and effectively compensating for damages.
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