The nature of Duty of Care and its application in civil liability of a physician in French and Iran Law

Duty of Care is counted as a new and independent basis in civil liability that originates in French legal system. At first, this theory was addressed in transportation contracts domain and gradually it finds its way in the judicial precedents and other forms of contracts like labor contracts so far that it can be said that today Duty of care is not limited to the legal activities and contracts but also it can be applicable in Torts.the only defenses in regard to Duty of care as one the basis of the strict liability is force majeure and lack of fault cannot result to reduction of the undertaker's liability. Because of the necessity of human healthcare as on the the most important human rights, duty of care analysis in Medical obligation Domain is more than ever necessary. So duty of care as the physician's obligation rule on treatment contracts regardless of any contractual compromise or the parties lack of knowledge about its existence. Duty of care implies that medical treatment should be without any implication of harm to the patient. It should be said that physician's obligation is obligation to means and this has no effects on duty of care theory. Because duty of care only means the no physicians should bring in no unnecessary harms to patient and nothing more.