نوع مقاله : مقاله پژوهشی
نویسنده
استاد بازنشسته دانشکده حقوق دانشگاه تهران و استاد دانشگاه آزاد اسلامی - واحد علوم و تحقیقات تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
Liability of Supervisors for the Illegal Acts of MinorsAn Analytic and Comparative EssayWhile according to article 7 of the Iranian Civil Liability Act, a legal or contractual supervisor's liability for indemnifying acts of the minor is based on the supervisor's fault, in the laws of many countries there is either a strict liability of parents which is based on commission of a tortious act by the minor or a liability based on the presumption of fault, with a possibility of rebutting that presumption. Furthermore in countries in which tort law is based on equity, parental liability accompanied by the liability of the minor is seen as a joint liability. This attitude is compatible with the conclusion that the supervisor's liability ensures compensation to third persons for damage caused by minors. Keywords: Civil liability, Supervisors, Minors, Fault, Tort, Strict liability