Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

A comparative study of the guarantee resulting from the act of another and its effects in Iranian and French law

Document Type : Research Article

Authors
D.r Seyyed Reza Bagheri 1
Fatemeh Naghibi Alamdardehi 2
1 Assistant Professor and Faculty Member, Faculty of Humanities, Roozbehan University of Sari. (Corresponding Author)
2 Master student of private law, Faculty of Humanities, Roozbehan University of Sari.
Abstract
The guarantee arising from the non-act is usually borne by persons who, because they are strategicing another activity, have the best opportunity to anticipate the damages resulting from such an activity and to cover it with insurance. For this reason, in this area of ​​liability, the usual terms of the guarantee have been adjusted. Under French law until 1991, civil liability for a non-exceptional act was considered, and Article 1384 of the French Civil Code was interpreted in an exceptional and limited manner for some instances of liability for a non-exceptional act. From that year onwards, with the interpretation of the Court, the exception became the rule. Contrary to criminal law, in civil liability we sometimes see that the person responsible is compensated for damages that he himself did not interfere in creating. Such a responsibility for the innocent is against the principle, so in each case the question arises why one should be held responsible for the mistakes of others? The exact answer to this question must be given in each case separately, but in short it can be said that these two interests are the basis of a person's responsibility for the actions of others: Not left. The legislature only holds those responsible in any way involved in causing the damage. The group's joint and several liability for the victim reduces the risk of his or her rights being violated. Such as the joint and several liability of the usurper with someone who has lost another's property. 2- In order for a person to feel responsible for the behavior of those who work under his supervision or guidance or have been entrusted to him by law, and should not neglect his inspection and supervision. Such as the responsibility of the guardian for the actions of the children and the responsibility of the employer for the damages that the workers inflict on others.
Keywords
Guarantee
civil liability
other act
Iranian and French law
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  • Receive Date 27 July 2021
  • Revise Date 02 August 2021
  • Accept Date 22 August 2021