The Possibility of Accepting Strict Liability in Iranian Law Considering its Influential Components in American Law

Vahad, Faeze; Zahedian, Mojtaba; Taji, Ahmad

doi:10.22034/ejs.2026.465436.1857

The Possibility of Accepting Strict Liability in Iranian Law Considering its Influential Components in American Law

Document Type : research

Authors

Faeze Vahad ¹

Mojtaba zahedian ²

Ahmad taji ³

¹ Department of Criminal Law and Criminology, Department of Law, Ma.C., Islamic Azad University, Mashhad, Iran.

² Department of Law, Ma.C., Islamic Azad University, Mashhad, Iran

³ Department of Law, Ma.C., Islamic Azad University, Mashhad, Iran.

10.22034/ejs.2026.465436.1857

Abstract

Background and Aims: As one of the important theoretical foundations of civil liability, Strict Liability is established by establishing the causal relationship between damage and harmful act. The purpose of this article is to examine the possibility of accepting Strict Liability in Iranian law, considering its influential components in American law.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings showed that pure liability in its current form first appeared in the field of product liability in America and due to its social and economic efficiency compared to other forms of liability, but not only did they not have new innovations and initiatives, but due to the lack of sufficient protection for the victims, they do not have the necessary efficiency.
Result: Despite the conflict between the bases of responsibility, in the Civil Liability Law, the Civil Law and the Islamic Penal Code, in accordance with and interpreting the laws it is possible to establish the ability to be assigned as the basis of responsibility and the responsibility based on fault as An exception to this principle reached the conclusion that accepting the rules of pure liability in Iranian law is not only compatible with domestic laws, but also a necessity considering the factors influencing its acceptance.

Keywords

Strict Liability

Civil Liability

Causal Relationship

Attributability

Subjects