Civil Liability of Minor Supervisor Against his detrimental Act in Iran and England’s Law
Subject Areas : Civil LawMaryam Tafazoli Mehrjardi 1 , Behshid Arfania 2
1 - Master of Private Law, Department of Law, Faculty of Law, Theology and Political Science, Science and Research Unit, Islamic Azad University, Tehran, Iran.
2 - Associate Professor of Private Law, Department of Law, Faculty of Law, Theology and Political Science, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
Keywords: Civil liability, Supervisor, Minor, Harmful verb, Compensation. ,
Abstract :
Minors cannot manage their affairs personally because of their age or physical disabilities and they need the help of others in the realm of life. The legislator has been supporting them, in addition to the stone that has been prescribed for the protection of their rights and interests, Has designated a person or persons to manage their affairs. The civil liability of the supervisor against a minor is either a law or a fault-based contract and he is held liable if the supervisor declines to keep the money. In the Iranian legal system under Article 1238 Civil Law and Article 7 Civil Liability Law if the supervisor fails to maintain custody and harm the child to others and common law system, it is the responsibility of the superintendent to fulfill the civil responsibility of the child, and he is held responsible for what he has done in the custody of the child.
Amiri Qaim Maggi, Abdul Majid. (2011). Law of obligations (the general theory of civil law
obligations). Tehran: Mizan.
Emami, Hassan. (2015). Civil Rights. C. 5. Tehran: Islamia.
Bariklo, Alireza. (2013). Civil liability. Ch 2. Tehran: Mizan Legal Foundation.
Bahrami Ahmadi, Hamid. (2011). Compulsory guarantee of civil liability. Tehran: Imam Sadegh
University.
Drodian, Hassan Ali. (1997). "Responsibility arising from the actions of persons who are under the
care of others (responsibility of guardian and protector of minor and insane)". Journal
of Faculty of Law and Political Sciences. number zero Course 36.
Safaei, Hossein. (2012). Civil Liability Arising from Minor and Insane Acts (A Comparative Study).
Civil Law and Comparative Law. Tehran: Mizan Publishing.
Qasemzadeh, Morteza. (2016). Foundations of Civil Liability. Tehran: Mizan Publishing.
Katouzian, Nasser. (2016). Non-Contractual Obligations (Tort Liability). Tehran: University of
Tehran Publications.
Katouzian, Nasser (2016). Introduction to Civil Law Course (Legal Events).
Tehran: Public Joint Stock Company of Publishing.
Katouzian, Nasser (2016). Family Law. Vol. 2. Ed. 4. Tehran: Public Joint Stock
Company of Publishing
Barker, David & Padfield, Colin. (1998). law made simple. 1th edition. Iran: Dadgostar publishing.
Cowsill, Eric & Clegg, John. (1990). evidence law and practice. 3th edition. London: Longman
group, VKLTD.
Elliott, Catherine & Quinn, Frances. (2009). tort law. 7th edition. England: person education
limited.
Giliker Paula. (2010). vicarious liability in tort, A comparative perspective. Frist published.
England: cambridge universitry press.
Gundersen, Linda. (2009). Tort. 3th edition. England: oxford university press.
Harpwood, Viviene. (2003). Modern Tort Law. 5th edition. Great Britain: Cavendish Publishing.
Keenan, Danis & Kenneth, Simith. (1982). English law. 17th edition. London: pitman.
Kenneth, Smith & Kenans, Denis. (1982). English law. 7th edition. London: pitman.
Larroumet, Christian. (1975). Responsibility du fait dautrui. encyclopedia jurdique. 5th edition.
Paris: Dalloz.
Rank, Eve. M & Leroy, Scott. (2012). the historical jurisprudential and empirical wisdom of
parental responsibility laws. social issues and policy review. vol. 6, no. 1, the society for the
psychological study of social issues.
Sim, R. S. (1991). A level English law. 7th edition. Butter wroths: Dublin Edinburgh.
Stuhmcke, Anita. (2001). Essential tort law. 2th edition. London: convendish publishing limited.
Tune, Andre . (1982). Liability for persons under supervision international.
encyclopedia of comperative law. xi. torts. part1. no. 53.
Tune, Andre & Salle. (1982). international encyclopedia of comparative law. vol xi. (torts 2-20).
Winfield & Jolowicz. (1995). on tort. 14th edition. W. V. H, rogers, sweet and Maxwell.
Gundersen, Linda. (2009). Tort. 3th edition. England: oxford university press.
Harpwood, Viviene. (2003). Modern Tort Law. 5th edition. Great Britain: Cavendish Publishing.
Keenan, Danis & Kenneth, Simith. (1982). English law. 17th edition. London: pitman.
Kenneth, Smith & Kenans, Denis. (1982). English law. 7th edition. London: pitman.
Larroumet, Christian. (1975). Responsibility du fait dautrui. encyclopedia jurdique. 5th edition,
Paris: Dalloz.
Rank, Eve. M & Leroy, Scott. (2012). the historical jurisprudential and empirical wisdom of
parental responsibility laws. social issues and policy review. vol. 6, no. 1, the society for
the psychological study of social issues.
Sim, R. S. (1991). A level English law. 7th edition. Butter wroths: Dublin Edinburgh.
Stuhmcke, Anita. (2001). Essential tort law. 2th edition. London: convendish publishing limited.
Tune, Andre (chief editor). (1982). Liability for persons under supervision international.
encyclopedia of comperative law. xi. torts. part1. no. 53.
Tune, Andre & Salle. (1982). international encyclopedia of comparative law. vol xi. (torts 2-20).
Winfield & Jolowicz. (1995). on tort. 14th edition. W. V. H, rogers, sweet and Maxwell.