Univerisity of Qom Comparative Studies on Islamic and Western Law 2476-4213 5 1 2018 05 22 A Comparative Study of Structure of Civil Liability in Common Law System and Law of Islam A Comparative Study of Structure of Civil Liability in Common Law System and Law of Islam 1 24 1249 10.22091/csiw.2018.2486.1260 FA Iraj Babayi Associate Professor, Department of Law, Faculty of Law and Political Sciences, Allameh Tabatabayi University Smaeil Keshavarz Safi Yi Ph. D. Candidate in Private Law, Department of Law, the Higher Institute for Education and Research of Management and Planning. Journal Article 2017 09 25 From a long time ago up to now, the structure of civil liability in Common Law has been right-centered and based upon prohibited behavior formatted on forms of the action and focused on the effects and consequences of human action against rights of others. There is an increasing index of torts in Common Law each of which has its own title and specific elements and conditions. However, with the appearance of negligence and focusing on the general duty of care, the elements of a duty-centered and task-oriented structure were mixed with the previous one. This structure is a pluralistic one in terms of four indicators namely unity or plurality of Tort and Contract, Tort and Crime, general basis of civil liability, and examples of torts. In addition, the structure of our jurisprudential regime has been a right-based and consequential one based on the diversity of forms of human interference in different types of protected rights and interests. This structure is a pluralistic one in the sense of unity or plurality in three categories namely tort and contract, tort and crime and examples of torts. Nevertheless, it is regarded as an unitarianist and causative liability-focused structure in terms of unity or plurality concerning the general basis of civil liability. From a long time ago up to now, the structure of civil liability in Common Law has been right-centered and based upon prohibited behavior formatted on forms of the action and focused on the effects and consequences of human action against rights of others. There is an increasing index of torts in Common Law each of which has its own title and specific elements and conditions. However, with the appearance of negligence and focusing on the general duty of care, the elements of a duty-centered and task-oriented structure were mixed with the previous one. This structure is a pluralistic one in terms of four indicators namely unity or plurality of Tort and Contract, Tort and Crime, general basis of civil liability, and examples of torts. In addition, the structure of our jurisprudential regime has been a right-based and consequential one based on the diversity of forms of human interference in different types of protected rights and interests. This structure is a pluralistic one in the sense of unity or plurality in three categories namely tort and contract, tort and crime and examples of torts. Nevertheless, it is regarded as an unitarianist and causative liability-focused structure in terms of unity or plurality concerning the general basis of civil liability. https://csiw.qom.ac.ir/article_1249_db317562affa7ad39beb5826ca3e112f.pdf