one of the principles of the responsibilities is that responsibility is personal. the principle of vezr denotes that responsibility is personal. but sometimes there is a vicarious liability. in french law until 1991 the vicarious liability was un exception and the article of 1384 of civil code of french has been interpreted limitedly. from 1991the exception has been changed into the principle. ...

the principle of “non-retractable agreement between contractual and non-contractual responsibility” is a traditional rule in the french law and countries adapting the french law of harmony and homogeneity; this rule means that if the claim for petition is based on the mistake, i.e., if it was meant to be based on contractual liability, rather than liability enforced in accordance with establish...

The present system for reparation of very large oil accidents at sea neither gives incentives to take efficient care, nor allow for compensation of all damages. The reason is that the magnitudes of the accidents that we study are so big that the total assets of the injurer are not sufficient to pay for all damages. That is, strict liability for the injurer does not supply incentives enough for ...

the owner of the aircraft or the enterprise which benefits from its use or operation may have civil liability for injuries to persons or property on the land or water or in the sky. regarding this liability many questions can be raised: who is the responsible person and what are the harmful acts and damages which can be resulted from using aircraft and how can harmonize the property rights of p...

the law of the continental europe is considered an offspring of the roman law. in the roman law the “fault” was considered as the basis of liability. the doctrine of fault was included in the french civil code of 1804 through the roman law, and from there, made its way into the laws of other european and non-european countries. according to the instruction of the holy prophet of islam (pbuh), i...

the mental disabled are not regarded responsible for their harmful behavior as they are unable to realize the harmful effect of their conduct. thus their behavior cannot be considered as culpable and they are not at fault in a moral sense. however french law (art. 489- 2 code civil) and iranian law (art. 1216 iranian civil code), impose legal liability to such persons for their tortiuos behavio...

based on a general rule in civil liability, external causes limits or excludes the liability of defendant. however, the question is that whether it is possible to applied the general rule when there are compulsory liability insurances? this paper is intended to study the subject-matter regarding traffic accidents (as one of the anticipated cases of compulsory insurances) in iranian and french l...