Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Children's interactions in cyberspace and the responsibility of parents with the approach of educational jurisprudence

Document Type : .

Authors
1 PhD student in Private Law, Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.
2 Assistant Professor and Faculty Member, Raja University, Qazvin, Iran
3 Assistant Professor, Department of Law, Faculty of Humanities, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran
10.22034/ejs.2022.326354.1141
Abstract
Background and Aim: The principle is on personal responsibility; This means that no one bears the burden of other sins and everyone is responsible for their own actions. However, according to Article 7 of the Civil Liability Law, whenever the parents and legal guardians are at fault in the care and custody of the child, they are liable for the harmful acts of the child, and this liability also includes transactions that result in harm to the child in cyberspace.
Materials and Methods: The type of research is case study and evaluation, and the method of data collection is through the help of books and scientific resources available in the personal or public library.
Ethical considerations: In the present study, preserving the originality of texts and fidelity in speech quoting, as the most important ethical requirements, have been considered by the authors.
 
Results: The specific components of cyberspace and the ease of conducting transactions leading to gross fraud by the child in cyberspace, require pure or absolute responsibility for the parents of the child that the Iranian legal system, unlike the American legal system, still tends to this direction. Has not found.
 
Conclusion: Given the need to consider liability for parents and legal guardians (and not the child himself) for transactions made by him in cyberspace, this liability seems as a kind of performance guarantee in order to perform the family institution optimally. From a jurisprudential point of view, this is an exception to the provisions of the rule of "Burden" and the principle of personal responsibility, and from a legal point of view, the legislator begins to move from the classical theory of fault and gradually accept pure or absolute responsibility for the child's parents.
Keywords

- Miller, K. Cyber Crime: A Comparative Law Analysis, New York: New York University Publication, 2005.
- Oxford Advanced Learners Dictionary of current English, 2th Edition, Isfahan, Jangal Publications, 2003.
- Ploug, T. Ethics in Cyberspace: How Cyberspace May Influence Interpersonal Interaction, Ballerup Denmark, Springer pub, 2009.