Legal-jurisprudential analysis of civil liability resulting from construction on fault lines (taking into account Article 100 of the Municipal Law)

Sedigheh Riahi Rad ¹ ( PhD student in Theology, Jurisprudence and the Essentials of Islamic Law, Yasouj University )
Abdullah bahmanpouri ² ( Theology, Humanities, Yasouj University )
mansor gharibpoor ³ ( yasuj )

Submited date : 2022-04-11 Accepted date : 2023-09-14

Keywords: , , force majeure, , dangerous events, , celestial disaster, , municipal responsibility,

Abstract :

Force majeure, or in the interpretation of jurists, heavenly plague, is one of the issues raised in the law of different countries, including Iran, in the field of responsibility. There is no difference of opinion in this issue that the obligee can refer to these incidents in order to acquit himself from the damages and as a legal effect, but where the human factor, due to the act or omission of the act, has a role in the occurrence of these incidents or in increasing the damages caused by them. Some differences can be observed. In French law, the committed party must consider the process of fulfilling the obligation by taking into account possible changes and developments. In Iranian law, in spite of being affected, the existence of a traditional view of force majeure (i.e. being heavenly and lack of responsibility) on the one hand, and the effect of the action or omission of the human factor in the occurrence of force majeure or the increase of damages caused by it, force majeure is considered to be a serious challenge in jurisprudence and He has faced legal issues. Issues such as awareness of the existing risk potential caused by an active fault, having the power of prediction, the ability to avoid an accident or damage, realizing the concept of a heavenly disaster and accepting its effects can be considered among these challenges. The present study, while examining the theory of force majeure in French law, Iranian law and jurisprudential sources, deals with the possibility of its application in Iran's legal system, taking into account general and specific jurisprudential evidence.