أسس المسؤولية التقصيرية للوالدين عن الفعل الضار للصغير : دراسة مقارنة

Abstract EN

Basis of parental civil liability for harmful act of the child Mohammad Abedi, Ali chasib Adab Al-Kufa 2022, Volume ج1, Issue 53, Pages 729 -750 Abstract 1 of the Iranian Civil Liability Law, civil liability is primarily based on fault.

According to Article 7 of the Civil Liability Law, a minor or insane guardian is liable when he or she has failed to care for a child.

In Iraqi law, it is inferred from Articles 191, 218 and 220 of the Civil Code that the principle of guilt is still followed, but the legislature has presumed guilt for the father and paternal grandfather, and in the case of other persons, who have the duty to take care of The juvenile and the insane to be legally or by agreement, has not issued a special sentence.

But the French jurisprudence, with a different interpretation from Article 1242 of the French Civil Code, has shown an interesting and instructive development: moving from the need to prove the guilt of parents to the presumption of guilt and finally separation from the basis of guilt and imposing responsibility without guilt on Parents.

The comparative study of the evolution of the bases of parental civil liability in the three legal systems of Iran, France and Iraq, which has been conducted with the aim of guaranteeing the rights of victims and under the influence of civil liability insurance, is the subject of this article.