Civil liability system in Iran Civil Code and Imami Jurisprudence (the gap of civil code in the field of civil liability)

The civil liability system in Iran Civil Code is affected by Imami Jurisprudence. Although the French Civil Code has affected the Iran Civil Code, the Iran law has been rarely affected by French law in the codification of the articles relevant to compulsory guarantee. Except for a few Articles under the title of generalities (Article 103-102), this section of the Civil Code is codified based on Imami Jurisprudence. Hence, the structure of the civil liability system in Iran Civil Code is consistent with Imami Jurisprudence. In Islamic Jurisprudence, the civil liability system is a pluralist system; meaning that references of civil liability are various; although the causes of the guarantee are studied. In Iran civil code, following the Imami jurisprudence, the references of the compulsory guarantee are presented in 5 items. The references can be classified under two titles: guarantee for loss (usurpation and pseudo-usurpation) deliberate destruction (stewardship and cause) and vindication is a kind of loss of interest. Other titles sporadically mentioned in Islamic jurisprudence, or can be inferred from some articles of civil code (enforceable guarantee for the corrupted contract, pride, etc.) can't be independent references of guarantee. Moreover, in Islamic jurisprudence, instead of reliance on harm or making loss, the guarantee and civil liability are based on a waste of property. Due to the difference between the two terms, this can restrict the domination of civil liability and a general rule for loss compensation can't be inferred. Accordingly, to make civil liability, the offender shall be wasted or shall have a hand in the property of a third party. Doubt and disagreement in the capability of loss compensation or the difference of personal interest are caused by the attitude. However, the idea that is noted by the author of the Civil Code can be criticized. The present study has attempted to analyze Imami Jurisprudence and amend the attitude. The gap of the civil code in this field could be cleared through this, and it could be amended.