عنوان مقاله [English]
By virtue of law or as a result of an agreement a guardian can undertake the responsibility of custodianship or taking care of a minor or an insane person. If the guardians whether legal –like parents- or contractual ones –such as hospital or nursery- fail to guard the minor or insane, they would be bound to compensate the losses or damages which were inflicted by them. If an illegitimate child inflicts losses upon others, whether his or her putative parent is responsible for the losses or not, there is a difference of opinion here.
legislature (parliament) in the year 2001, an illegitimate child enjoys the whole rights that a legitimate child possesses. Of course, the only limitation for the illegitimate child is from the viewpoint of heritage. So, if an illegitimate child inflicts losses upon others, his or her putative parents are jointly and separately responsible to compensate the losses inflicted.
According to article 1167 of the civil code of Iran “a child born of adultery shall not belong to the adulterer”, but in accordance with the supreme court decision as a unified judicial precedent N. 617 D. 3/4/1376 sh. The general council of justice of supreme court, regarded the adulterer as putative father of the child. Thus, the whole duties of a father including getting identity (birth) certificate are up to him. So, the corollary is that, if the putative father, who is regarded as a legal supervisor of the child, fails to guard him, where upon the minor inflicts losses upon others, then in accordance with the article 7 of tort law, it is up to the putative father (adulterer) to compensate the losses. If the guardian cannot afford to compensate the damages, then the losses would be compensated from the minor’s or insane’s property. Whether the minor or insane indemnify the losses personally or as a successor of the guardian, they are indemnified from his or her property, there is a difference of opinion. It seems that, after the compensation, the minor or insane party can refer to the guardian if he is solvent.