Jurisprudential foundations of civil liability resulting from privacy violations

  Civil responsibility has three elements: damage, harmful act or fault and causal relationship, taking into account that all three of these elements can be dependent on custom in any way. In this article, we will examine the jurisprudential foundations of civil liability due to privacy violations using a descriptive analytical method.

This paper is descriptive and analytical and library method is used.

Ethical considerations: 

In this paper, the originality of the texts, honesty and trustworthiness are observed.

The research findings indicate that By examining the general rules of civil responsibility conceptually, as well as the theories appropriate to Iran's legal system including the two theories of fault and risk, custom as a criterion of diagnosis and reference rule is proposed in the general rules of civil responsibility. Therefore, as a legal source based on the law, custom can complement and interpret the will of the legislator and cause its dynamism, because it is not possible to adapt all instances of error to the text of the law due to its wide range and diversity.                                                        

the customary nature of civil responsibility is acceptable as a legal principle. Therefore, the use of independent customs along with laws, reliable sources of jurisprudence, fatwas of jurists and legal principles in cases of silence and absence of law is effective as a factor in improving the process of compensation for damages and preventing confusion in the judicial system. In this article, we will examine the jurisprudential foundations of civil liability due to privacy violations using a descriptive analytical method.