TORTIOUS LIABILITY OF MENTAL DISABLED IN IRANIAN CIVIL CODE

The mental disabled are not regarded responsible for their harmful behavior as they are unable to realize the harmful effect of their conduct. Thus their behavior cannot be considered as culpable and they are not at fault in a moral sense. However French law (art. 489- 2 code civil) and Iranian law (art. 1216 Iranian civil code), impose legal liability to such persons for their tortiuos behavior. French law deems liability for such people for their harmful behavior through applying an objective criterion of negligence. Iranian law makes a distinction between etlaf (harm is caused directly) and tasbeeb (harm is caused indirectly). But the common sense never accepts to impute such negligence to a person with mental disability. Therefore, where an insane and sane both participate in a harmful act, only the sane person is treated as being liable by adopting a subjective standard.