Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

Conditions and Effects of Deception and Trickery in the Realization of Tortious Liability: A Comparative Study in Islamic, Iranian, English and French law

Document Type : scientific research paper

Authors
syeed hosiin safaii 1
parisa ousoli 2
1 Professor, Department of Private Law, University of Tehran, Tehran, Iran
2 PhD student, Islamic Azad University, Tehran Science and Research Branch Tehran Iran
10.22034/law.2025.2040894.1456
Abstract
Trickery is one of the important causes of tortious liability, which includes a wide range of trick, deception, and tadlis (acts that deceives the other party to the transaction).This rule is one of the jurisprudential rules and jurists have discussed it under the rule of “The deceived person can refer to the deceiver regarding the damages incurred.”. In Iranian legal books, this issue has not been examined independently and coherently and its criteria are not clear, hence what is stated in these books is incomprehensible and shows the legal gap resulting from it. This issue has led to challenges in this field. However, it seems more progressive compared to French law. it seems to be more progressive. In French law, deception and arrogance have a personal aspect and are included in the scope of defects of will and consent.
Accordingly, Article 1116 of the French Civil Code provides a definition of deception and arrogance, which itself does not cover all cases of deception; it is incomplete and in some cases ambiguous. However, English law has been more comprehensive than Iranian and French law. In English law, arrogance and arrogance are referred to as fraud and false statements and are realized when a two-sided concept is used without sufficient clarity and the person describing it intentionally makes untrue statements with the intention of deceiving or is careless about the truthfulness of his statements. However, a study of the legal rules of the aforementioned countries shows that fraud is considered a cause of civil liability and the basis of the warranty ruling resulting from it is deception and arrogance that causes damage and compensation to be borne by the deceived person. Each of them tries to prevent its occurrence within their society with their own methods, and in some cases, it is mainly based on the existence of omission or non-omission of the act.
Keywords
Deception
Pride Rule
Forced Warranty
Civil Liability
Fraud
Misrepresentation
Subjects
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