Theoretical Elaboration of the Structural Interaction between Contractual Liability, Tort Liability, and Property Law in Iranian Law

Abstract

The present study aims to elucidate the structural interaction among three principal institutions of private law—namely contractual liability, tort liability, and property law—and to propose an integrated model for reducing conflicts and enhancing the efficiency of the Iranian legal system. This research adopts a descriptive–analytical method with a comparative approach. The data were collected through library-based examination of statutes, legal doctrines, and judicial decisions in the legal systems of Iran, France, and Common Law jurisdictions and were analyzed using qualitative content analysis. The findings indicate that conflicts among these domains primarily stem from divergences in their theoretical foundations, particularly the confrontation between the theory of obligation and the theory of conveyance. This divergence has resulted in differences regarding enforcement mechanisms, the scope of compensable damages, and the allocation of the burden of proof. Within this framework, property law plays a dual and pivotal role: on the one hand, it constitutes the primary instrument for enforcing civil liability judgments; on the other hand, it is itself constrained by the rules of civil liability and the doctrine of la darar (the principle of no harm). The comparative analysis reveals that advanced legal systems have managed these conflicts by adopting flexible approaches, including granting the injured party the right of election in cases of concurrent liabilities. Accordingly, this study proposes an integrated model whose core elements include recognition of the injured party’s right of choice, harmonization of compensation rules, enactment of a comprehensive civil liability statute, clarification of the conceptual boundary between conveyance and obligation in the Civil Code, and reform of the system of registration of documents and immovable property. While preserving the relative autonomy of these institutions, this model facilitates institutional interaction and the realization of restorative justice within the Iranian legal system.