Pathology of the Regulations Related to "Tort Due to Keeping Animals"

Articles in Press

Document Type : Original Article

Authors

1 Faculty member of the Law Department, Faculty of Theology and Islamic Studies, University of Meybod, Meybod, Iran

2 Phd student of Private Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran

Abstract

In Iranian law, "civil liability caused by keeping animals" is provided in scattered regulations, including civil law and Islamic penal law. A pathological look at these regulations indicates that this category of regulations contains problems. One of the most serious damages is to blame this responsibility on "fault". The mention of the word "fault" in Article (334) of the Civil Law has caused the element of fault in the civil liability caused by keeping animals to be given too much attention; In such a way that in some cases, some public institutions, such as municipalities (which are in charge of protecting or at least controlling some animals), try to escape from compensating the victims by distorting the element of fault. However, in Imamiyyah jurisprudence - as the root of Iranian law - there has never been a basis of responsibility based on "fault".

Among the other harms of this area, there are cases such as the scattering of these provisions in laws that are not related to them in terms of subject matter (such as the statement of "examples of damage caused by the actions of animals" in the discussion of "Islamic Penal Law Diet" ), pointed out the lack of comprehensiveness of these scattered provisions, excessive text-centeredness of the legislator on this issue and the translation of the same partial and case-by-case rulings in jurisprudential texts and their categorization as legal provisions.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 02 September 2025

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History

  • Receive Date: 01 January 2024
  • Revise Date: 15 July 2025
  • Accept Date: 02 September 2025

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