Document Type : Academicm and Research

Abstract

Among the important topics in the field of civil liability is the civil liability of the guardian or guardian in relation to the person under guardianship or the owner against whom the guardian's responsibility is mainly drawn based on the assumption of the fault of the guardian unless it is proven otherwise. The guardian can be the guardian of a certified or non-certified child or a disabled and blind person who has been chosen as a guardian by nature or according to the law, and there is a pecuniary relationship between him and the person under guardianship, and the external cause is not the cause of the loss, and he is eligible for compensation. They are against the owner and most of them believe that as long as the owner is against the owner, in case of fault, the owner must pay the damage from his property.

However, in the subject of civil liability of the subject or owner or employer towards the subordinate, i.e. broker and worker, etc., the majority of theories in these countries are based on fault, that when the citizenship relationship between the employer and the owner is establishedmust compensate the damage caused by the subordinate's work. unless it is proven that the subordinate is at fault in performing the act. Of course, in cases where the subordinate would not have been able to avoid the loss even if he had tried, it is the responsibility of the subordinate to pay for the damage

Keywords

• "
• civil responsibility"
• supervisor"
• Iran"
• France and England"
• , "
• Iraq"