One of the fundamental principles of liability whether moral or legal is the personal nature of responsibility, meaning that every individual must be accountable for their own acts and conduct. In Islamic jurisprudence, this principle is articulated through the rule of wizr. In criminal law, the principle of the personal character of crimes and punishments is derived from this very rule. Nevertheless, this principle admits exceptions, commonly referred to as Vicarious Liability.one of these exceptions is the liability of the guardian for harmful acts committed by a minor. Accordingly, in certain circumstances, the legislator imposes liability upon the guardian for the compensation of damages caused by the minor to third parties. In Iranian law, this matter is governed by Article 7 of the Civil Liability Act. The corresponding provision in the (PETL) is found in Article 6:101.The comparative analysis reveals that the scope of persons subject to such liability is largely identical in both systems. However, the basis of liability differs: Iranian law adheres to a fault-based regime, whereas the (PETL) adopts a presumption of fault. Based on the analysis and comparative study conducted in the present article, it is proposed that Article 7 of the Civil Liability Act be amended as follows :Any natural or legal person who, by virtue of law or contract, has guardianship over an insane person or a minor shall be liable for compensating the damage caused by the insane person or the minor, unless it is proven that he or she has committed no fault in their custody and supervision and has exercised all customary and necessary precautions. Where the guardian has committed no fault in custody and supervision and has exercised all customary and necessary precautions, compensation for the loss shall be made from the minor's property.