Study of Foundation of Civil Responsibility of Carrier in Contract of Transport of Goods in the Iranian and French Law

In connection with foundation of civil liability in the Iranian and French law, the theory of fault as the rule and theory of risk as the exception has been pointed. Nowadays, the civil liability is not subjected to a uniform rule and the basis of the civil liability in the various domains, specially in transportation, has been changed. The said domain is one of the most important areas for the commencement of the developments in the fundamentals of the liability, so that some jurists say that there is a “Special Regime of Civil Liability” in transport law. In other hand, there is dispute whether the liability of the carrier is a contractual liability or a natural liability. In terms of taking one of these decisions, the foundation of liability is differed. In this article, the comparative method of this subject has been studied.