ROLE OF FAULT IN "TORT OF TASBIB

Addition of fault to element of tort is one of controversial issues and is long eval in the different legal systems and the attempts to concentrated the different views are still continued. Most of the Iranian civil Jurists with reference to some of the civil code articles, consider fault as the fourth element of "Etlaf" and also in their writing, knew it as one of the distinguishing elements between "Etlaf" and "Tasbib" While considering the "Feghi" root of "Tasbib", this question raises whether the articles set out in the civil code are of "feghi" origins or they have been adapted from the French civil code, particularly it is inferred from the writings of the "Emamiee Fogaha" that, important point is to ascertain the infliction of loss and necessity to compensated and bifurcating "Etlaf" in to "Tasbib" and "Mobasherat" is of no important. The present study while examining the "Feghi" origins of the above mentioned question, Finally criticize the absolute rejection or acceptance of conditionality of Fault in creating tort in "Emamie Fegh".