Facilitation of proving the Contractual and non-contractual liability of the professional service providers in Iranian Law by a comparative study of French and Common Law

TThe professional service providers’ specialized knowledge and skill versus the service customers’ unfamiliarity with the process of service providing cause difficulties for the injured party in proving the main elements of the contractual and non-contractual liability. As a result, sometimes wasting the injured parties’ rights and improper imposition of damages is unavoidable. For this reason, different legal systems such as French Law and Common Law try to eliminate the complaints’ inequality by considering special basis for the professional’s civil liability.This article seeks to explain the professional’s contractual and non-contractual liability’s main elements and pillars from the prospective of its effect on the injured party’s rights. A comparative study of French Law and Common Law and assuming the civil liability's basis for the professional service providers in Iranian legal system shows that in many cases, the injured party is exempt from proving the harmful act and the casual relationship or it is easily possible for him to prove it.