A Comparative Analysis of the Foundations of Civil Responsibility of Service Suppliers in Islamic, Iranian and French Law

In this article, the foundations of civil responsibility of service suppliers in Islamic, Iranian and French law have been investigated. The question is whether their responsibility is based on fault or strict liability or presumption of fault. We found that civil responsibility of service suppliers in France is based on fault and the conduct of a professional and skilled person lies as the criterion. However, the traditions in Imamiyah jurisprudence on the responsibility of hired person show that the presumption of the supplier’s liability has been laid down to protect consumers and the burden of proof of no liability  rests on the shoulders of suppliers. Such a solution has been provided for in Maleki religion though some contrasted solutions have also been proposed. In Hanafite and Hanbalite schools, the responsibility of common hired person is based on dissipation and in Shafi’ite, non responsibility is more acceptable. The proposed interpretation of hired person responsibility in Imamite school is more preferred since it protects the consumers more than other theories. In Iranian law, common rules of civil responsibility are applied in the field of service distribution except when there is a special rule to the contrary. Nevertheless, it is suggested that the legislator provide for both strict liability for producers of goods and a presumption of fault for service suppliers. These all should be done besides amending consumer protection act. However, the case law having regard to the jurisprudential background of hired person and the intention of the legislator to facilitate the action for damages, have presumed the fault of service suppliers.