The Evolution and Foundations of Civil Liability Arising from the Omission of Ethical and Customary Duties in Iranian and French Law
Keywords:
Omission of duty, ethics, custom, faultAbstract
The occurrence of harm and the commission of a harmful act, as two fundamental elements of civil liability, may result from the omission of ethical and customary duties in Iranian and French law. This issue can have consequences such as civil and even criminal liability, obligating the culpable party to compensate for damages. In French law, severe fault has been established as the criterion for such liability. Instances of the omission of ethical duties in Iranian law can be examined in various domains, including the obligations of physicians towards patients, the responsibilities of contractors, property owners, supervising engineers, and other professionals, the failure to act by sports coaches or lifeguards, the non-fulfillment of duties related to driving responsibilities, and numerous other similar cases. This issue is not confined to the Iranian legal system; rather, it has been considered in comparative studies within Romano-Germanic and common law legal systems as well. One of the main challenges in this field is the lack of precise criteria and standards for identifying and determining liability arising from the omission of ethical and customary duties. Nevertheless, various theories, such as the fault theory, risk theory, mixed theory, and the guarantee of rights theory, have been proposed to justify the acceptance of this type of liability. Iranian law has embraced this form of liability by drawing upon these theories. This study, employing a descriptive and analytical approach, aims to examine civil liability arising from the omission of ethical and customary duties in Iranian and French law. The findings indicate that such liability, in some cases, entails specific obligations such as compensation for damages, and its primary foundation in both Iranian and French law is defined based on the fault theory.
References
Abbaslou, B. (2011). Civil responsibility (with a comparative perspective). Tehran: Mizan.
Akhound Khorasani, M. K. (2027). Hashiyeh bar Makasib. Tehran: Ministry of Culture and Islamic Guidance.
Al-Baalbaki, D. (2004). Al-Mawrid al-Thalathi. Beirut: Dar al-Ilm.
Ansari, A., & Hojjat, M. (2011). The theory of assignability in civil liability law: A comparative study in Imamiyah jurisprudence and French law. Comparative Law Research, 1, 1-21.
Azizi, K. B. (2020). Analyzing the legal dimensions of the liability of supervising engineers and contractors in construction. International Lawyar Quarterly, 14, 547-575.
Bahrami Ahmadi, H. (2016). Abuse of right: A comparative study in Islamic law and other legal systems. Tehran: Information Publishing.
Barikloo, A. R. (2014). Civil responsibility. Tehran: Mizan.
Carbonnier, J. (1996). Droit civil (Vol. 4). Paris.
Damirchili, M., & Hatami, A. (2007). Commercial law in the current legal order. Tehran: Sepehr Publishing.
Darabpour, M. (2011). Extra-contractual liabilities. Tehran: Majd.
Deylami, A. (2010). Good faith in civil responsibility. Tehran: Mizan.
Donnedieu de Vabres, G. (1953). Traité de droit pénal et législations criminelles comparées. Paris: Dalloz.
Ghafari, S., & Noursharq, J. (2012). The role of ethics in civil liability law. International Law Research, 5(15), 110-138.
Gholamali Zadeh, M. (2014). Civil responsibility arising from motor vehicles. Tehran: Shahr Danesh.
Horr al-Amili, M. i. a.-H. Wasail al-Shi'a (Vol. 8). Beirut: Dar al-Ihya al-Turath al-Arabi.
Jafari Langarudi, M. J. (2009). Encyclopedia of civil and commercial law (Vol. 1). Tehran: Ganj Danesh.
Jourdain, P. (2012). Principles of civil responsibility. Tehran: Mizan.
Karimi, A., & Shabani Kandasari, H. (2014). The logical relationship between the jurisprudential rule of "no harm" and the Western rule of abuse of right. Comparative Research in Islamic and Western Law, 2, 135-166.
Katouzian, N. (2001a). Civil responsibility arising from traffic accidents. Tehran: University of Tehran Publishing.
Katouzian, N. (2001b). General rules of contracts (Vol. 3). Tehran: Entesharat.
Katouzian, N. (2013). Civil law (Quasi-delict - Civil responsibility). Tehran: Entesharat.
Katouzian, N. (2016). Legal events - Civil responsibility. Tehran: Entesharat.
Khorsandian, M. A. (2009). The role of benevolence in the realm of civil law Shiraz University].
Mahjal, N. (2011). The concept of duty in Kant's moral philosophy Tabriz University].
Mazeaud, H. L. J. (1991). Leçons de droit civil, obligations (Vol. 5). Paris.
Mohaghegh Damad, S. M. (2021). Principles of jurisprudence (Civil section) (Vol. 1). Tehran: Center for Islamic Sciences Publishing.
Mousavi, H., & Bashiri, A. (2018). Foundations of civil liability for supervising engineers in construction projects. In National Conference on Innovative and Creative Ideas in Management, Accounting, Legal Studies, and Social Sciences,
Qasem Zadeh, S. M. (2016). Obligations and civil responsibility without contract. Tehran: Mizan.
Qorbaniya, N. (2015). Ethics and international law. Tehran: Samt.
Rahpeyk, H. (2016). Civil responsibility law and compensations. Tehran: Khorsandi.
Sadeghi, M. H., & et al. (2016). The relationship between the principle of attribution and the rule of benevolence in the exemption of physician liability with regard to the Islamic Penal Code of 1992. Medical Law Quarterly, 10(38), 73-104.
Safaei, S. H., & Rahimi, H. (2018). Civil responsibility (Extra-contractual obligations). Tehran: Samt.
Savatier, R. (1974). La théorie des obligations: vision juridique et économique.
Shahabi, M. (1986). Two essays by Professor Shahabi (Rule of no harm). Tehran: University of Tehran.
Shokri, M. (2021). Legal effects of contracts: Foundations and Islamic ethical approach. Scientific and Promotional Journal in the Field of Ethics, 11(42), 67-96.
Tabatabai, S. H. (2014). The rule of benevolence and its application in the Iranian legal system. Essays on Jurisprudence and Law, 1(2), 81-92.
Tusi, M. i. H. (1972). Al-Mabsut (Vol. 3). Tehran: Maktabeh al-Murtazaviyeh.
Yazdi, O., Entezari Najaf Abadi, A., & Lajevardi, S. V. (2020). A comparative analysis of the legal foundations of civil liability of athletes for failing to assist injured persons in sports accidents, focusing on FIFA Law 2019 and considering football in the jurisprudential and legal systems of Iran and France. Iranian Sociology, 3(3), 2791-2805.
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