THE DESIGN OF THE RULE OF CIVIL LIABILITY ARISING FROM OBJECTS IN IRAN AND FRENCH LAW

Abstract

As a principle, to determine the responsible, the damaging action plays a major role. But in some cases, one of rules to determine the responsible, in French law is determining of the responsible on the basis of the ownership or maintenance of objects, that this issue, in French law has led to rule of civil liability of things. In French law, liability arising from animal and liability arising from the demolition of buildings and liability arising from accidents, as examples of liability arising from objects, it has been suggested and the doctrine of these cases and with the help of paragraph 1 of Article 1242 of code civil has concluded the principle of liability arising from the ​​objects. In Iranian law, there have been such examples, but there is no general rule such as article 1242 of code civil. But it seems the doctrine in Iranian law can conclude the principle of civil liability arising from the objects that in this article, according to the jurisprudence and comparatively with French law will be examined.