The Fault challenging in tort

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

rasool  malakooti ¹ (استادیار گروه حقوق دانشگاه آزاد اسلامی، استان تهران، واحد پردیس. [e-mail])

Received: 2022-06-05 Accepted : 2022-08-16 Published : 2022-12-22

Keywords: fault, causality, Tort, Contract tort,

Abstract :

The challenge of the role of fault in liability from the perspective of fegh and Iranian lawAbstractThe most important discussion in liability, both forced and contractual, is about its basis and pillars. This debate is not very old, and in fegh there is no mention of the foundations and pillars of liability, but the jurists have clarified the ruling of each issue only by referring to general rules such as harm, loss, attribution and usurpation. Revision of the pillars and foundations of civil responsibility is a purely legal issue that originates from European law and specifically from France. Most of our jurists consider fault as an important (if not exclusive) basis in the fulfillment of the liability and consider fault as one of the three pillars in explaining the elements of responsibility. The discussion of this article is the challenge of the role of fault as the basis or pillar of liability realization in fegh and civil law. It has been proven that from the point of view of fegh and civil law, in forced and contractual liability, fault is neither a basis nor a pillar of liability fulfillment. Rather, the function of the fault is to facilitate the establishment of causation or to create the necessary fulfillment of the liability.Key words: contractual civil liability, fault, causation..