The Contractual Civil Liability for Third Party Action in Iranian, French and Islamic Law
Abstract One of the responsibility principles is privity of the responsibility. However one of the developments in civil liability system is extending the liability institution toward civil liability for another person action. This kind of liability is divided into several types including contract...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
University of Qom
2015-12-01
|
| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
| Subjects: | |
| Online Access: | https://csiw.qom.ac.ir/article_788_87ea70ca75993cad8a197beca08e8150.pdf |
| Summary: | Abstract One of the responsibility principles is privity of the responsibility. However one of the developments in civil liability system is extending the liability institution toward civil liability for another person action. This kind of liability is divided into several types including contractual liability for third party action. In French law, this type of liability has not been mentioned explicitly in contract or tort law. Nevertheless, in spite of some divergences, the French doctrine has inferred it from some civil law and other laws articles and has proposed it in legal books. There is not such kind of responsibility In Iranian civil code which indicates it explicitly, but the same analysis which mentioned in French law can be proposed for Iranian law. As a result, the doctrine of Iranian law by comparative study and also by the using of the experiences of other legal system, particularly France, and by the interpretation of some articles of Iranian Code can pose "the contractual liability of another action institution" that has been studied comparatively in this article for enriching of Iranian legal system. |
|---|---|
| ISSN: | 2476-4213 2476-4221 |