A Comparative View on the Parent's Civil Liability Foundation for the Losses Occurred by Children; Is There any Necessity to Reform?

In Iranian and England legal system parent liability is based on fault. Although it is true for Egyptian system but the different point between them is that there is fault presumption in the later. In France, in the late twentieth century, parental liability foundation changed to strict liability. The strict liability is a common rule in the most states of USA too. The risks created by taking the parental role and guaranteeing the loss occurred by victims are the most important reasons if we want to justify the strict liability. Beside it, more and more applying distributive justice to civil liability emphasizes on loss distribution and strict liability. It is, however hard to accept distributive view as to civil liability so that it enables us to apply the strict liability. Our judges have no authority to change the liability foundation and thus, in the fault liability territory, regarding there is no need for emphasizing on risks arising out parental role, fault presumption is an appropriate way to make easy the burden of proof issue.