Revisiting the Foundations and Scope of Civil Liability in Private Law: A Doctrinal and Comparative Analysis

Civil liability, as one of the foundational pillars of private law, refers to the legal obligation of individuals to compensate for damages caused by unlawful or injurious acts. These acts, whether arising from breach of contract or tortious conduct, disrupt the legal order and infringe upon the rights of others. Civil liability thus operates at the intersection of corrective justice and social regulation, serving both compensatory and deterrent functions

In Iranian law, civil liability is primarily addressed under the concept of gharar-e-qahri (non-contractual liability) in the Civil Code (Articles 328–335), as well as in the standalone Civil Liability Act of 1959. The legal framework distinguishes between contractual liability, which stems from the breach of contractual obligations, and non-contractual liability, which arises independently of any contractual relationship

From a theoretical standpoint, several doctrines have been proposed to justify civil liability, including the fault-based theory, risk theory, guarantee of rights, and corrective justice. The fault-based theory, dominant in Iranian jurisprudence, predicates liability on the proven negligence or intentional misconduct of the injurer. In contrast, the risk theory imposes liability regardless of fault, particularly in cases involving hazardous activities or industrial operations

In non-contractual liability, three core elements must be established:

1. A harmful act or omission

2. Actual damage (material or moral)

3. A causal link between the act and the damage

Establishing causation remains one of the most challenging aspects of civil liability litigation, often requiring nuanced judicial interpretation. Moreover, the concept of compensable damage encompasses tangible losses, emotional distress, and—under certain legal systems—future or potential harm. Comparative legal systems vary significantly in their recognition and quantification of such damages

In comparative analysis, French law has embraced strict liability in specific contexts, while English law, through the doctrine of torts, emphasizes judicial precedent and pragmatic reasoning. Iranian law, influenced by both Islamic jurisprudence and French civil law, adopts a hybrid approach that occasionally leads to ambiguity in defining the 

scope and basis of liability

Emerging challenges—such as liability for data breaches, artificial intelligence, and digital activities—demand a reexamination of traditional liability concepts. Addressing these issues requires legislative innovation, doctrinal development, and a redefinition of key notions such as fault and causation in light of technological realities.

Ultimately, civil liability is not merely a mechanism for compensation but a normative tool for promoting responsible conduct and safeguarding individual rights. Its evolution depends on the dynamic interplay between domestic legal principles, comparative insights, and the exigencies of modern society