Examining The Possibility Of Resorting To Non-Contractual Liability Bases In Claiming Contractual Damages
Subject Areas : Civil Lawmilad rohampour 1 , Dr. Seyed Ali Jabbar Golbaghi Masouleh 2
1 - Phd student of private law, department of private law, faculty of literature and humanities, Gilan University, Rasht, Iran
2 - Assistant Professor of Jurisprudence and Islamic Law, Department of Law, Faculty of Humanities, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
Keywords: fault, remedies, jurisprudence, law, contractual liability, civil liability ,
Abstract :
One of the important bases to constitute the liability in remedies is the existence of fault at act and omission. in iranian law subject to the regulations, this matter is practically able to consider and related to an act that the fault would be involved in its notion. nevertheless in this matter there is not uniqe idea about bases and quality of fualt among the lawers that tends to contratual or not contarctual liability. on the side of contartual one with attention to code 221 of civil code of iran beaause of lacking clear jurisprudentic history even with definit breach of contract generate the liability and the remedies from it would be payable by causation. it is easier to discover the elements of contractual liability in comparsion with non contractual one and with attention to full compensate of remedies the right to choose between them two seems to be fine. the purpose is that looking for the authority for victim of a damage to choose that what bases noticed a bove is suitable for him. this artice is made by virtue of library searching and related articles.
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