Department of Private law,Law faculty,.Pardis Faraby,University of Tehran
10.48308/jlr.2024.227795.2242
Abstract
civil liability law ( tort law) in Iranian legal system has a three-pronged structure and is based on a variety of principles: A structure in the civil code with the title of zaman qahri, a structure called "civil liability" in the civil liability Act and a structure entitled "causes of liability" in the Islamic Penal Code. In fact, the civil liability law system in Iran is eclectic from Islamic law (shariah), French law, and Germany and Switzerland law. An eclecticism that not only did not solve the problems of tort law, but also added to the problems and conflicts and made the civil liability law system inefficient and incapable of solving problems. The main reason is that in contract and tort law the Islamic legal system is based on the theory of ownership and the French and German legal system are based on the theory of obligations. The difference between these legal systems is fundamental and it does not seem possible to resolve the conflicts of legal provisions in systems that have different bases. Inevitably, Iranian legal system either has to accept the system of civil liability based on the theory of obligations or the system of zaman qahri which accepted by Islamic jurisprudence based on theory of ownership. In this article, we consider first the distinction between these two systems of tort law and then the solutions to eliminate the challenges in Iranian law in this field.
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