| Abstrakt: |
Civil liability law and 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 Code 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 (Shari'ah), French law, Germany and Switzerland law. An eclecticism that not only did not solve the problems of tort law, but also added to them as well as conflicts and made the civil liability law system inefficient and incapable of solving problems. The main reason is that the Islamic legal system is based on the theory of ownership and Zaman Qahri and the French and German legal system are based on the theory of obligations and civil liability. 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 or the system of Zaman Qahri which is accepted by Islamic jurisprudence and remove the existing defects by available procedures in this legal system including civil Ta'zir, La Zarar rule, rationals reliance and etc. In this Article, first the distinction between these two systems is studied through examining the legal and jurisprudential resources and then the solutions to eliminate the challenges are provided. [ABSTRACT FROM AUTHOR] |
