Analysis of "conventional civil liability resulting from act of other" and its examples with a comparative study of French law

Analysis of "conventional civil liability resulting from act of other" and its examples with a comparative study of French law



Abstract

"Conventional civil liability resulting from act of other" is one of the types of liability resulting from act of other. This type of civil liability has both theoretical and practical importance. Many cases of this type of liability are also mentioned in special laws. Despite this, there is no comprehensive and general rule for it in Iranian and even French law. The issue is whether it is possible to generalize specific cases by induction and reach a general and comprehensive rule or not? There are two viewpoints. The opinion of most jurists is that such a thing is both possible and necessary. In this article, in addition to enumerating the reasons for this viewpoint, the reasons for the opposite viewpoint are also criticized. The purpose of this article is not only theoretical, but to explain and establish a general rule in the legal system of comparative and domestic civil liability in the form of a specific rule of "conventional civil liability resulting from act of other" so that in applicable cases, by default, with refer to its general position, the verdict of the subject is determined.

Key words: conventional civil liability resulting from act of other, Iranian law, French law, comparative law.