The Basis of Civil Liability of harms caused bt one's property (Building and Animal) In Iranian and french law according to 2016 France civil law

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MOHAMMADI MAHDI; ABDALI MEHRZAD; AKBARINEH PARVIN

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Journal: Comparative Law Researches Year:2018 | Volume:22 | Issue:1 (99) Page(s): 107-134

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Title

The Basis of Civil Liability of harms caused bt one's property (Building and Animal) In Iranian and french law according to 2016 France civil law

Author(s)

MOHAMMADI MAHDI | ABDALI MEHRZAD | AKBARINEH PARVIN | Issue Writer Certificate

Keywords

civil liabilityQ2

propertyQ1

harm caused by one's propertyQ1

guardQ1

Abstract

A person is liable for compensating damages caused by an object (e. g. building, animal, etc. ) which is in his/her possession if the that object is under his/her supervision. By objects, In the context of French civil law, it means every thing other than human being. According to Iranian civil liability Act, fault is the basis of civil liability. With respect to damages caused by destruction of building, the legislator takes the same viewpoint as well. This sort of liability is imposed on the guardian of building, who is actually the owner of the building as well, unless some one else occupies the given building. Although, some responsibilities are assigned to new occupant, In the law of France, the basis of civil liability for damages, incurred as the result of building destruction, is fault. According to the French Civil Code, Fault is also assumed to be the basis of liability of owners of animal while the owners are strictly considered liable for some sorts of damages within the Islamic Penal Code of Iran. Liability of the owners of animals is based on guardianship theory. in the law of France regarding the fault as the key presumption.

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APA: Copy

MOHAMMADI, MAHDI, ABDALI, MEHRZAD, & AKBARINEH, PARVIN. (2018). The Basis of Civil Liability of harms caused bt one's property (Building and Animal) In Iranian and french law according to 2016 France civil law. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 22(1 (99) ), 107-134. SID. https://sid.ir/paper/364562/en

Vancouver: Copy

MOHAMMADI MAHDI, ABDALI MEHRZAD, AKBARINEH PARVIN. The Basis of Civil Liability of harms caused bt one's property (Building and Animal) In Iranian and french law according to 2016 France civil law. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2018;22(1 (99) ):107-134. Available from: https://sid.ir/paper/364562/en

IEEE: Copy

MAHDI MOHAMMADI, MEHRZAD ABDALI, and PARVIN AKBARINEH, “The Basis of Civil Liability of harms caused bt one's property (Building and Animal) In Iranian and french law according to 2016 France civil law,” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 22, no. 1 (99) , pp. 107–134, 2018, [Online]. Available: https://sid.ir/paper/364562/en

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