Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

Conditions and effects of deception and pride in the realization of compulsory guarantee: a comparative study in Islamic, Iranian, English and French law

Articles in Press

Document Type : scientific research paper

Authors
parisa ousoli 1
syeed hosiin safaii 2
1 Islamic Azad University, Science and Research Branch, Tehran
2 Islamic Azad University, Science and Research Unit, Tehran
10.22034/law.2025.2040894.1456
Abstract
Pride is one of the important causes of coercive liability, which includes a wide range of deception, fraud, and deceit. This means that if someone deceives another and as a result, a loss or damage is incurred, then the deceiver is liable and liable. The condition for the realization of pride and its actions requires loss or damage. This rule is one of the jurisprudential rules, and jurists have discussed it under the rule of “the arrogant person returns to someone else.” In Iranian legal books, this issue has not been examined independently and coherently, and its criteria are not clear. Therefore, what is stated in these books is incomprehensible and shows the legal vacuum resulting from it, which has led to challenges in this field. However, it is necessary to mention that in comparison 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
rule of pride
compulsory guarantee
civil liability
fraud
misrepresentation

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Journal of Research and Development in Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 15 June 2025