The Civil Liability of Employers, Artisans and Craftsmen Arising from Trainees’ Actions in Iran and the French Law

Abstract

Damage may sometimes be caused by inexperienced trainees who are learning a profession in the presence of an employer. In some countries, like France, one of the examples of civil liability arising from another’s act is civil liability of the employers, artisans and craftsmen. This liability arises from trainees’ actions who are learning a profession in the presence of an employer. One of the problems of such systems is the determination of nature of this responsibility. This responsibility can be a responsibility of watchful to care for another person's actions such as the responsibility of a father arising from his child's action and it can also be liability from others’ actions like the responsibility of the employer arising from worker's action. The determination of this question will have different effects on the burden of proof of fault. In the law of Iran, in the civil law and the law of civil liability, this responsibility is not mentioned. It seems that the determination of the legal regime governing this responsibility, partly depends on the nature of such responsibility. This article will examine this topic by taking assistance from the French law.