نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Objective: To conduct a comparative study of the impact of the death or restoration of capacity (removal from guardianship) of a tortfeasor on compensation for the injured party in Iranian and English law, and to analyze how liability for compensation is transferred to the guardian, the estate, or the individual formerly under guardianship within these two legal systems.
Method: An analytical-comparative approach, involving the study of statutory laws, legal doctrines, and judicial precedents in Iranian law (specifically Article 1216 of the Civil Code and Article 7 of the Tort Liability Law) and English law (based on the principles of negligence-based liability).
Results: In Iranian law, liability for damage caused by the tortious act of a person under guardianship primarily rests with the guardian or legal tutor, contingent upon proof of the guardian's fault. Upon the death of the ward, the claim can be pursued against their estate or the guardian. If the ward's capacity is restored, the formerly incapacitated individual becomes personally liable for compensation. In English law, tort claims are founded on negligence. Upon the tortfeasor's death, the claim continues against their estate. If the individual's mental capacity is restored, the claim is directed against the person themselves.
Conclusions: In both legal systems, the death or restoration of a tortfeasor's capacity does not result in the extinguishment of liability for compensation; however, the manner in which liability is allocated differs. In Iranian law, the guardian's role in liability is more pronounced, whereas English law emphasizes the estate of the deceased or the individual who has regained capacity. The development of clearer legislation and the utilization of insurance mechanisms could provide more effective protection for both the injured party and incapacitated individuals.
کلیدواژهها English
