Document Type : Research Paper
Authors
1
Associate Professor, Department of Laws, Faculty of Administrative Sciences and Economics, University of Esfahan, Esfahan, Iran
2
Assistant Professor, Department of Law ,Najafabad Branch, Islamic Azad University, Najafabad, Esfahan, Iran
3
PhD Student in Law, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Esfahan, Iran
Abstract
An action resulting from an object like human's damaging action can cause liability for those who possess them. The French civil law at its approval time (1804) had not predicted this principle and just in Articles 1385, 1386, the liability of damages resulting from two types of objects, i.e. animals and buildings due to imposing great damages by them had been predicted by French law. However, by the late nineteen century, the general principle of liability resulting from the objects was included in the liability realm based on an interpretation from the Paragraph 1 of the Article 1384 of the French Civil Law. In the Iranian law, the Articles 333, 334 of the Civil Law and also the Articles from the Law of Islamic Punishment like 511, 512, 514, 515, 518, 522, 528 and 534 and article 1 of the law on compulsory insurance of civil liability of owners of motor vehicles against third-party land have dealt with the identification of this liability without dealing with the rules related to the object realms in creation of the mentioned liability. This article intends to review these rules through a comparative study. The main objective of this paper is to state that in considering object responsibility, there lies no difference whether the object is animate or inanimate, hazardous or non- hazardous, movable or immovable and static or dynamic through a comparative study. Even it is not necessary for the object to be directed or managed by a person. In case of existing any elements of civil liability, the damaging action of object can pose responsibility on its possessors.
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