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.
1-Emami, Seyyed Hassan. (1997). Civil Rights. Eighth edition. Tehran: Mizan.
2-Izanlou, Mohsen (2012). Terms limiting and eliminating liability in contracts. second edition. Tehran: Publishing Company.
3-Bariklo, Alireza (2019). Civil liability. Ninth edition. Tehran: Mizan.
4-Shahidi, Mehdi (2006). Effects of contracts and obligations. Third edition. Tehran: Majd Publications.
5-Safai, Hossein; Kazemi, Mahmoud; Adel, Morteza; Mirza Nejad, Akbar (2012). International sales rights. The seventh edition. Tehran: Tehran University Press.
6-Adl, Mustafa (200). Civil Rights. Third edition. Qom: Taha Publications.
7-Katouzian, Nasser (1997). General rules of contracts. Volume 4. second edition. Tehran: Publishing Company.
8-Katouzian, Nasser (2014). Obligations outside the contract (civil liability). first volume. 13th edition Tehran: University of Tehran.
9-Mohaghegh Damad, Seyed Mostafi (2012). The rules of jurisprudence. first volume. Tehran: Majd.
10-Vahdati Shabiri, Seyyed Hassan (2009). Basics of contractual civil liability. Third edition. Tehran: Humanities Research Institute.
11- Khazaei, Hossein, (2015), Business Law, Commercial Companies, Volume 2, Tehran, Law Publishing.
12- Khomeini, Ruhollah, (2006), translated by Tahrir al-Wasila, Qom, Institute for editing and publishing the works of Imam Khomeini (RA).
13- Demarchili, Mohammad, Hatami, Ali, Qaraei, Mohsen, (2012), Trade Law in the Current Legal System, Tehran, Dodastan Publications.
14-Bigdeli, Saeed (2016). "Subsequence of contractual liability to the will of the parties in Iran's civil law". Journal of Fiqh and Islamic Law Studies. Number 17. Year 9. Semnan: Semnan University. pp. 59-89.
15-Shiravi, Abdul Hossein (2001). "Criticism and review of the provisions of the civil procedure regarding the claim for contractual damages and late payment". Qom Higher Education Complex Magazine. Number 9. Year 6, spring and summer. pp. 5-18.
16-Katouzian, Nasser (2008). "Evolution of the concept of influence in civil liability law". Islamic Law Quarterly. Number 1. Volume 39. Tehran: Research Institute of Islamic Culture and Thought, pp. 189-214.
17-Nematullahi, Ismail (2014). "The originality of compulsory guarantee and its precedence over contractual liability in Imami jurisprudence". Islamic Law Quarterly. Number 51. Winter. Thirteenth year. Tehran: Research Institute of Islamic Culture and Thought. pp. 10-127
18- Qanawati, Jalil, Essian Tafarshi, Mohammad, (2015), "Relationship between the representative body and the right-of-work, agency and brokerage institutions", Higher Education Complex Journal, No. 11, pp. 55-82.
19-Katouzian, Nasser, (1995), General Theory of Obligations, Tehran, Yalda Publishing.
20-Morsi Badr, Jamal, (1980), Al-Nayaba fi Al-Qaunayat al-Qawani, Cairo, Al-Masriyyah al-Masriyyah al-Katab.
21-Madrasi, Mohammad Reza, (2013), Al-Bay (Madrasi), Qom, Volume 3, (Amirkhani, Abdullah), Dar al-Tafsir.
22-Moin, Mohammad, (1992), Farhang Moin, Volume 4, 8th edition, Tehran, Amir Kabir Publications.
23-Naimi, Imran, (2016), "Commercial Representation (Study and Review in Domestic and Foreign Laws)", Doctoral Dissertation in Private Law, University of Tehran.
24-Bowstead W. and Reynolds F, 1996, the Law of Agency, 16th ed, London, Sweet & Maxwell.
25-Daniel Kleinberger and Peter Knapp, 2002, Apparent Servants and Making Appearances Matter, A Critique of Bagot v. Airport & Airline Taxi Cab Corporation, Williatin Mitchell Law Review, Vol. 28, No. 4.
26-Drew Britcher, and Abbotts Brown, 2018, the Doctrine of Apparent Authority In Medical Malpractice Cases, New Jersey Law Journal, Vol. CXCIV, No. 4.
27-Edwin. R. Holmes, 1974, Apparent Authority and Undisclosed principal under German Law, California wastern Interactional Law Journal, Vol. 4.
28-Fridman G.H.L, 2016, the law of agency, 6th ed, london, Butter worths.
29-Ibn al-Baraj, judge (1985). Mahdab al-Bara' Volume 2. Qom: Al-Nashar al-Islami Institute.
30-Ansari, Morteza bin Muhammad Amin (1990 AH). Al Makasab Volume 3. Qom: Dar Al-Zakhaer.
31-Hali, Hassan bin Yusuf (1917). Al-Ahkam rules. Volume 3. Qom: Al-Nashar al-Islami Institute.
32-Tabatabai, Ali (1999). Riyad al-Masal Qom: Al-Nashar al-Islami Institute.
33-Moghuls Ardabili, Ahmed (2000). Assembly of benefits and evidence. Volume 10. Qom: Al-Nashar al-Islami Institute.
34-Makarem Shirazi, Nasser (1990 ). Jurisprudential rules. Volume 3. Qom: Amir al-Momenin (AS) School.
35-Mousavi Khansari, Ahmed bin Yusuf (1936). Jame al-Madarak in Sharh al-Mukhtasar al-Nafi. Volume 5. Tehran: Al Sadouq School.
36-Najafi, Mohammad Hassan (1981). Jawaharlal Kalam in the description of the laws of Islam. Volumes 7 and 22. Beirut: Dar al-Ahiya al-Trath al-Arabiya.
37- Stone, richar (2002). The modern law of contract. 5th edition. London: Cavendish publishing.