A comparative study of "civil liability caused by asbestos" in French ‎and American law; Providing models to solve the shortcomings of ‎Iranian law

In this article, the civil liability caused by asbestos has been studied comparatively in French and American law, to provide models to solve the shortcomings of Iranian law, with  a descriptive-analytical research method. The main question was about the bases and elements of the responsibility caused by asbestos and the effective solutions to support asbestos victims. The result was that in terms of the basis of responsibility, in American law, the responsibility is based on strict liability. French law bases the responsibility on the system of employer's responsibility towards the employee, and by establishing the safety obligation of the type of obligation of result and the unforgivable fault of the employer and the assumption of his knowledge, only force majeure is excluded. In terms of the conditions and elements of civil liability, both countries have supported asbestos victims by developing the concept and scope of compensable damages and the assumed relationship of responsibility. In order to guarantee and speed up the payment of damages, in French law, a "special compensation system for asbestos victims" has been established and by creating an independent fund, the cases of reference to the fund and the amount of damages that can be compensated by the fund, with certain mechanisms, has been established. American law has also taken the same steps. It is suggested that our legislators should establish a special compensation system for asbestos victims by leaving aside fault as the basis of responsibility and facilitating the proof of causation.