The shift in the conditions for the civil responsibility of the parents for the harmful act of the child - a comparative study-

Abstract

Iranian law, like other legal systems, has civil liability based on fault. Article 7 of the Iranian Civil Liability Law, which is built in accordance with the general rule included in Article 1 of this law, holds the person who is observing a minor person responsible in the event that he commits an error in monitoring and following up on a minor. However, judicial procedures in France and with a different interpretation of the first, fourth and seventh paragraphs of Article 1242 of the French Civil Code amended by the 2016 reforms, It has brought about a change in orientation that attracts and is interesting and worthy of learning, which can be presented as follows: the change in orientation from the necessity of proving the parents’ negligence to the imposed negligence and in the end the separation between the basis of negligence and holding the parents responsible without negligence; On the other hand, analyzing the harmful act of the youngster according to the basis of moral negligence, qualitative negligence, then illegitimate negligence, and finally the adequacy of the causal link between the factor of harm and the harm achieved. In Iraqi law, too, the legislator imposes the responsibility of the subordinates On the basis of an assumed error in this assumption, if it is proven that the duty of care necessary to avoid the harm has been fulfilled in the required manner, or if it is proven that the harm has occurred, even if the necessary care has been taken in this case, the subordinate can get rid of this responsibility. In addition, he can get rid of Liability also if it is proven that the damage caused, stems from an external action (force majeure, the default of the third person or the default of the injured person himself) civil liability insurance has taken its form and been prepared.