Study civil liability arising from omission in Iran's legal system

Abstract

Creation of civil liability arising from the omission has been the challenging issues of civil rights that is long discussed by lawyers, to be investigated next to crimes against physical integrity of persons that usually committed with positive and negative actions and in criminal law has a special position, especially after the adoption of the Penal Code in 2013, whether the liability from the civil aspect to be created in Iranian legal system? Methodology: In this regard, because of originality of Iran's rights in Islam, the legal situation is investigated with regard to the views of Islamic Jurisprudence and sometimes comparing it with other Islamic religions. Results: The main aim of this study is to investigate the liability of omission in terms of its civil liability. Since conflict and question is expressed by some experts in the field of non-liability of omission (of course considering the aspects of creating a causal relationship in order to avoid limiting aspects of individual freedom), the results are unacceptable. Conclusion: The findings of this study suggest that civil liability can be committed with positive action and with omission. And if positive committing harmful to the subject creates liability, refusal or omission is considered the instances of fault (Article 952) and this liability causes the liability of refusal person if there are elements and foundations of proof of omission (legal, contractual, certain customs and causal relationship).