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Examining Civil Liability Arising from an Immaterial Act in Iranian Law
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Reza Hossein Gandomkar1   , Alireza Entezari Najafabadi2 , Asef Saberi3 |
1- Assistant Professor, Department of Private Law, University of Qom, Qom, Iran.
2- Assistant Professor, Department of Law, Naraq Branch, Islamic Azad University, Naraq, Iran.
3- Ph.D in Private Law, Al-Mustafa International University, Qom, Iran. (Corresponding Author) |
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Abstract: (42 Views) |
| A harmful act is one of the fundamental pillars of civil liability. Although in the past this element was often regarded as synonymous with “fault”, in modern legal systems-where fault is no longer the sole basis for liability-the concept of a harmful act extends beyond fault. In legal and jurisprudential discourse, attention is generally drawn to material acts, and much of statutory regulation is grounded upon them. Nevertheless, non‑material acts can, just like material ones, cause harm to others and give rise to civil liability. Acts such as defamation, insult, causing fear, false testimony, or practices like sorcery and witchcraft are non‑material in nature, yet, when damage occurs and a causal link to the harmful act is proven, they result in liability. Some of these acts are inherently harmful, while others serve as a cause leading to harm. The central question of this study is whether non‑material acts can constitute grounds for civil liability. The findings-based on a descriptive-analytical approach-show that whenever a non‑material act meets the other conditions for the establishment of civil liability, including the existence of damage and the proof of causation, it stands on equal footing with material acts as a basis for liability. The common feature of this category of acts is the infliction of harm on others, which can manifest in diverse forms and instances. |
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| Keywords: Civil Liability, Harmful Act, Non-Material Acts, Causation, Harm to Others. |
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Full-Text [PDF 707 kb]
(25 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/09/7 | Revised: 2026/05/31 | Accepted: 2025/12/25 | Published: 2026/06/22
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