Document Type : Academicm and Research

Authors

• seyed mohammad asadinejad ¹
• firooz sokouti ²

¹ Associate Professor of Law Department, Faculty of literature and Humanities, University of Guilan.

² Phd student in private law, Faculty of literature and Humanities, University of Guilan.

Abstract

Controlling the harmful effects of alcohol consumption has always been one of the concerns of legislators not only in countries like Iran that have declared any type of alcohol distribution illegal, but also in countries that allow such black trade. The main question of this article is that if a person causes damage due to the consumption of alcoholic beverages and drunkenness, is the seller of alcoholic beverages responsible for the damage caused? The answer to this question is positive in the laws of Canada and the state of Minnesota, but there are differences between these two legal systems. With the availability of elements of responsibility, in the state of Minnesota, the civil liability of the seller can only be realized towards third parties who have caused damages due to the behavior of a drunk person, but in Canadian law, a drunk customer can also go to the seller to compensate for the damages. Therefore, it seems that the rules related to the civil liability of alcohol sellers in the state of Minnesota are based on the theory of risk and in Canadian law based on the theory of fault. In Iranian law, the sale of alcoholic beverages is a cause of damage, and in order to realize the civil liability for the sellers of alcoholic beverages, it is necessary for the legislator to intervene and amend Article 332 of the Islamic Law.

Keywords

• Commercial host
• social host
• doctrine of complicity
• sale of alcoholic beverages
• alcohol poisoning

Main Subjects

• Legal (Comparative Islamic and Western Law)