Foundations of tortious liability of parents for the harmful act of a child (comparative study)

Abstract

In Iranian laws, we note Article 1 of the Iranian Tort Liability Law, tort liability is fundamentally based on negligence. Article 7 of the same law above considers whoever has legal guardianship over the minor and the insane responsible if he commits negligence in the duty of monitoring and caring for the minor. As for the Iraqi laws, it can be inferred from the totality of Articles (191, 218, 220) of its Civil Code that he follows the basis of Negligence, but the Iraqi legislator determined presumed negligence on the part of the father and paternal grandfather, and the law did not make a special provision for the rest of the persons who, according to the law or agreement, are obligated to supervise the minor and the insane. As for the judicial procedures in France, and with a varying interpretation of the text of Article 1242 of the French Civil Code, there has been a change in orientation that is interesting and worthy of learning, and can be presented as follows: The change in orientation from the need to prove the parents’ negligence to an assumed negligence, and in the end, the separation between the basis of negligence and holding the parents responsible without negligence. To change the basis of parental tort liability in these three legal systems (Iran, France, and Iraq) and for the purpose of guaranteeing the rights of those affected and the effect of tort liability insurance, (repeat the topic of the article after a comparative review).