Comparative Analysis of Civil Liability for the Acts of Others in Iranian and German Legal Systems

This study conducts a comparative analysis of civil liability for the acts of others in the Iranian and German legal systems, highlighting the interplay between Islamic legal principles and secular civil law traditions. Drawing on doctrinal research, it examines key provisions of the Iranian Civil Liability Code (Articles ۱, ۷, and ۱۲) and the German Bürgerliches Gesetzbuch (Sections ۸۳۱ and ۸۳۲), supported by case law and scholarly commentary. The analysis reveals that both systems prioritize fault-based liability, but German law employs a broader application of strict liability, particularly in parental responsibility, and a rebuttable presumption of employer fault, while Iranian law emphasizes judicial discretion and Islamic concepts like daman (guarantee) and ta’sir (causation). The findings suggest that Iran could adopt structured strict liability for high-risk contexts, while Germany might benefit from flexible judicial approaches to address emerging issues like artificial intelligence. This study enriches comparative law scholarship and offers insights for legal reforms to enhance fairness and adaptability in civil liability frameworks.

کلیدواژه ها:

civil liability ، vicarious liability ، Iranian law ، German law ، comparative law