خلاصة:
Man is a voluntary being, and having this quality causes human responsibilities to be borne And if a person is reluctantly influenced by her will, it is not possible to hold her responsible to some extent. Of course, this view is foreseen in the discussion of the general rules of contracts and criminal liability in the laws of Iran and France, but the Iranian legislator has been silent on civil liability law. Scholars of Islamic sciences have addressed this issue in jurisprudential books and disagree on some issues, including the issue of reluctant murder. The Islamic Penal Code legislates the punishment of the reluctant person, but in the legal field, Iranian jurists, in their books on civil liability, briefly refer to the books of jurisprudence and related laws, but a special rule for It has not been predicted. Carefully in the laws of Iran and France, the need to provide separate materials for the issue of reluctance in civil liability of Iran due to the growing importance of civil liability and to prevent disagreement in the judicial process has been felt and the proposed materials have been presented.
ملخص الجهاز:
1- 21 Original Article Research Article The Concept and Impact of Duress in Civil Liability in Iranian and French Law Hamid Abhari 1, Mehrdad Pakzad 2*, Mohammad Mahdi Pour 3 1.
In the Islamic Penal Code, legislation has been made regarding the punishment of the person subjected to duress, but in the legal field, Iranian jurists, in their civil liability books, have briefly addressed it by referring to jurisprudential books and related laws, but have not provided a specific rule for it.
Regarding criminal liability in Iranian law, pursuant to Article 140 of the Islamic Penal Code 2, the person subjected to duress is not punished; the exception in criminal law is in crimes involving Hudud and Qisas, where if the killer is not considered a mere instrument, they are deemed a direct perpetrator.
In Islamic jurisprudence, which is an inspiring and complementary source of legislation in Iran, duress means forcing an individual to perform an act that they would not have performed if there were no fear of material, moral, or physical harm resulting from the threat (a group of researchers, 1426, p.
In Article 1140 of the new French Civil Code, it is stated: Duress occurs when one of the parties is placed under pressure by the other, whereby, for fear that their life, property, or relatives may be subject to significant harm, they proceed to enter into a contract.
1-21 In Iranian law, based on Article 1 of the Civil Liability Law, fault is a condition in causation (tasbib), and with duress, the fault is eliminated because the coerced person is not at fault for performing that act (Katouzian, 1391, p.
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