Conditions for the Realization of Civil Liability in Road Transport in Islamic Jurisprudence, Iranian Law, and English Law

Abstract

Civil liability is among the most significant legal issues that, with industrial developments and the emergence of modern communication and information technologies, has acquired a new face with novel foundations, conditions of realization, and methods of compensation. In the transportation of goods, depending on the type of commodity that is the subject of the transport contract, different obligations are imposed on the carrier. Generally, the carrier is obligated to perform the contract, i.e., to transport the goods of the contracting party from the sender to the recipient. Alongside this primary obligation, the carrier is required, in accordance with the terms of the contract and commercial custom, to safeguard the merchandise for the entire duration of the contract, to deliver the goods within the stipulated time, and to hand over the merchandise to the person designated in the contract. When the carrier fails to fulfill his obligation and breaches it, his secondary obligation, which is compensation for damages, comes into effect. To establish this secondary obligation, certain conditions must be met for the carrier to be held liable for the damages caused. In Islamic jurisprudence, Iranian law, and English law, although the conditions for the realization of civil liability include a harmful act, damage, and a causal relationship, each of these conditions, depending on the legal perspective and theoretical foundations of each system, has different dimensions. This study, written using a descriptive-analytical method, concludes that the three pillars—harmful conduct, damage and loss, and causal relationship—constitute the conditions for the realization of civil liability of the road carrier in Islamic jurisprudence, Iranian law, and English law. However, in each of these systems, such liability is based on its own particular rules: in Islamic jurisprudence, on principles such as itlaf (destruction), ghurur (inducement into error), and la darar (no harm); in Iranian law, on fault, risk, and related doctrines; and in English law, on fault, duty of care, and related principles. These foundations have led to differences in the conditions for liability, which directly affect the establishment of the carrier’s responsibility.