Investigating The Element Of Fault In The Civil Liability Of The Minor Guardian 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, Department of Private Law, Faculty of Law, Theology and Political Science, Tehran Branch, Islamic Azad University, Tehran, Iran.
Keywords: Fault, Guardian, Minor, Civil liability, carelessness, Neglect.,
Abstract :
The objective of civil liability is to maintain the coexistence of individuals in society; If a person inflicts unlawful harm on other person, he is responsible for the effects of his harmful actions. Therefore, regardless of the injurer’s physical and mental conditions, what he has done should be examined as being in conflict or compliance with the behavior of a reasonable or normal human being as a criterion of fault. In Iranian law, fault has a social meaning and therefore minors can be deemed guilty and responsible in this respect. If a guardian is responsible to maintain or to take care of a minor according to the law or the contract and commits a fault accordingly, the minor is not responsible but the person who has failed to maintain or to take care of the minor will be responsible for the compensation. Under English law, guardians, including parents and others caring for minors, have no representative responsibility for minors’ faults. The guardian is only responsible if he or she has personally failed to take care of or has motivated the minor to commit a fault.
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