نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشآموخته کارشناسی ارشد حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه علامه طباطبائی، تهران، ایران.
2 دانشیار، گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه علامه طباطبائی، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Context & Objective: The concept of civil liability for employers, particularly in relation to damages caused to third parties by actions in the workplace, is a critical area of civil responsibility law globally. In Iran, Article 12 of the Civil Liability Law, enacted in 1960, holds employers accountable for damages caused by their workers and administrative staff. However, the prevailing judicial practice and legal doctrine in Iran limit this provision to the traditional employer-employee relationship, thereby excluding contractors from its scope. This article seeks to challenge this interpretation by reconsidering the legal boundaries of employer liability, focusing on whether contractors should be included under the existing legal framework. The primary research question addressed is whether the provisions of Article 12 should extend to include damages caused by contractors.
Method & Approach: The article adopts a doctrinal approach to legal analysis, engaging with both Iranian legal theory and judicial practice. It compares the traditional distinctions between workers and contractors and explores the underlying legal justifications for employer liability. Additionally, the research includes comparative studies to highlight how other jurisdictions handle similar issues. The methodology focuses on analyzing legal texts, judicial decisions, and doctrinal interpretations to present a comprehensive examination of employer liability in the context of contractors.
Findings: The findings suggest that the justifications for holding employers liable for damages caused by workers are equally applicable to contractors. Through a logical and purposive interpretation of Article 12, aligned with the original intent of the legislation, the research concludes that there is a basis for extending the scope of employer liability to cover damages caused by contractors. The comparative studies further support this conclusion, showing that other legal systems have adopted similar interpretations.
Conclusion: The article concludes that the current limitations of Article 12 of the Iranian Civil Liability Law should be reconsidered. A broader interpretation that includes contractors would align the law with its intended purpose of ensuring fair compensation for third-party damages. This shift would enhance the consistency and comprehensiveness of the legal framework governing employer liability in Iran.
کلیدواژهها [English]
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