Comparative Study Of Realm Of Civil Liability Of A Minor Guardian In Iranian, England And French Law
Subject Areas : Civil Law
Maryam
Tafazoli Mehrjardi
1
(Master of Private Law, Department of Law, Faculty of Law, Theology and Political Science, Science and Research Unit, Islamic Azad University, Tehran, Iran.)
Behshid
Arfania
2
(Associate Professor, Department of Private Law, Faculty of Law, Theology and Political Science, Tehran Branch, Islamic Azad University, Tehran, Iran.)
Keywords: Supervisor, Minor, Fault, Surveillance, Harmful act, Compensation.,
Abstract :
The principle of personal responsibility is accepted by different sharia and legal systems. Therefore, no one can bear the burden of another sin, and this principle is in the law of civil liability. Therefore, with the evolution of human social life and the development of civilization and urbanization and moving away from tribal life, the principle of collective civil responsibility has been shaken, and whoever causes harm to another must compensate the loss himself.In Iranian, England and French law, Civil liability resulting from a minor harmful act is one of the examples of liability resulting from a non-harmful act. Therefore, in Iranian law, those who are in charge of caring for, care or educating a minor, if they fail in this task and as a result, the minor harms another, are guilty according to Article 7 of the civil liability law, and they will be obliged to compensate the damage and if he has not failed, he will be examined according to Article 1216 civil law. This rule is an exception to the principle of personal civil liability. Therefore, the purpose of civil liability in all three countries is to compensate the victims; If the terms and conditions of minor civil liability are met, the injured party has the right to seek redress from the guardian. The minor guardian, like any other civil liability, is only liable for damages attributable to himself resulting from the minor act.
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