Tort law at Iran
Tort law in Iran is primarily governed by a combination of Islamic Sharia principles and civil statutes, notably the Iranian Civil Code (IR-CC) and the Civil Liability Act. The legal framework emphasizes both compensatory and punitive elements, with a strong foundation in Islamic jurisprudence.
⚖️ Legal Framework
Iranian Civil Code (IR-CC): Articles 328 to 331 address civil liability for property damage, including destruction, defect, or depreciation of property. These provisions establish strict liability for such acts, irrespective of fault. For instance, Article 328 mandates compensation for the destruction of another's property, whether intentional or unintentional.
Civil Liability Act: Article 1 stipulates that anyone who intentionally or negligently causes material or moral damage to another's life, health, property, liberty, dignity, or business reputation is liable for compensation.
🧾 Key Principles
Strict Liability: Iranian law often imposes strict liability, particularly in cases involving property damage. For example, under Articles 328 and 331 of the IR-CC, individuals are held responsible for damages caused to another's property, regardless of intent or negligence.
Fault-Based Liability: In personal injury cases, liability is typically based on fault. However, the extent of compensation is often predetermined by law, especially in cases involving bodily harm. For instance, the Diah system, as outlined in the Islamic Penal Code, specifies fixed compensation amounts for various injuries.
Moral Damages: Iranian law recognizes non-pecuniary damages, such as harm to dignity or reputation. Article 1 of the Civil Liability Act provides for compensation for both material and moral losses.
🏥 Specific Areas of Tort Liability
Personal Injury: The Diah system dictates fixed compensation amounts for bodily injuries. For instance, Article 448 of the Islamic Penal Code specifies compensation for unintentional crimes against life or body.
Product Liability: Under the Consumer Protection Law, suppliers are responsible for damages caused by defective goods or services. Article 16 holds both private and governmental entities liable, and Article 18 imposes fines up to four times the amount of damages in addition to compensation.
Animal Attacks: Article 522 of the Islamic Penal Code holds animal owners liable for damages caused by their animals if they were aware of the potential for harm and failed to take necessary precautions.
🛡️ Defenses and Limitations
Force Majeure: While not explicitly termed as such, Iranian law recognizes the concept of force majeure. Articles 227 and 229 of the IR-CC provide that a party is not liable for damages if the non-performance was due to an unavoidable external cause.
Comparative Fault: Iranian law has begun to recognize comparative fault in negligence cases. A study suggests the incorporation of comparative fault defenses, aligning with principles in other legal systems.
🧭 Summary
Iran's tort law blends Islamic jurisprudence with civil statutes, emphasizing strict liability in property damage cases and fault-based liability in personal injury cases. The legal system provides for both compensatory and punitive damages, with specific provisions for moral and non-pecuniary losses. Recent developments indicate a move towards recognizing comparative fault, aligning Iran's tort law more closely with international standards.
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