A comparative study of the victim's fault in civil liability of the police in Iranian and French law

Abstract

AbstractIn the event of losses and damages, the civil liability prevailing in the legal system of that country always determines the share of responsibility of each person (injured and harmed) in compensating for the damage. It is critical to define the contribution of the civil liability of the victim and the police in some of the damages that occurred in the presence of the police. The present study is a descriptive-analytical study that examines the existing rules and foundations in the field of civil responsibility based on a library study and by using data collection and examination of laws, judicial procedures, and legal perspectives to examine and apply the two legal systems of Iran and France. The case deals with the role of the victim's fault in the civil liability of the police. Based on the results of the investigation of civil liability of the police, it can be different depending on the conditions of doing the act and omission as well as whether or not the act or omission of the police is at fault. Also, in the legal system of both countries under review, considering the role of the victim's fault in the harmful act can relieve the civil liability of the police, and there is a difference between fault and absolute responsibility. Therefore, establishing the relationship of causation in this and the role of the victim based on the existing rules, including the rule of warning, and the law of joint and comparative fault, in some cases can even relieve the civil liability of the police.