Abstract

<p>Civil liability, contractual liability, and unconventional have two branches. If there is a contract between two or more persons and one of them committed a breach of contract (failure to perform, delay in performing the obligation) to and to harm the other party is incomplete and should the contract have contractual liability for damages cope. Where does harm to another person without a contract exists between them or if there is a contract, Inflict losses not related to the contract, the talk of non-contractual liability.</p><p>About whether contractual and non-contractual obligations is two different legal system or single legal system form, there is disagreement among the lawyers: Some distinguish these two systems from each other. But others believe that because the purpose of civil liability is to compensate for losses, these two are the single legal system.</p>By examining the different opinions, we see that both contractual and non-contractual liability system distinct from each other. And despite the contract, the victim can rely on the rules of non-contractual liability.

Highlights

  • In all of the legal system, it is wrong to say that the principle of compensation for losses, along with two other principle task of the community preventing harmful acts and measures to remedy damage caused by it

  • Some believe that the concept of civil liability in each case that someone else is responsible for the damages, He is against civil liability. And some it is the responsibility of the person that the individual or object protects against damage he does to others and party liability due to infringement of contractual obligations are defined. (Jafari, langrudi, 1985,73)

  • Affected in many ways is the focus of civil liability and rights, In creating this kind of responsibility is more attentive to the agent causing harm suffered, So that some believe that the primary basis for civil liability guarantee the rights of the injured and supporting him. (Same, 90)

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Summary

Introduction

In all of the legal system, it is wrong to say that the principle of compensation for losses, along with two other principle task of the community preventing harmful acts and measures to remedy damage caused by it. Civil liability constitutes an important part of civil rights the same commitment and legal obligation to compensate the losses are the result of his action and to celebrate acts harmful to others is which may be caused by breach of contract or violation of legal requirements and the essay will be an artifact. One of the most important and controversial issues of civil liability Foundation unity or diversity of contractual and out of contract while if we consider that the purpose of establishing responsibility and compensate the losses are restored, There's no need for separation of these two responsibilities. Why subject can be injurious to others and the need for compensation because the ban is approved that no law can be except on these principles as well as the issue of civil liability in the field of rights regarding its importance. The research for the conventional method in the humanities and the Methods library the analysis of content and through analytical research while finding the necessary and respond to the points and issues raised writing paperwork was completed

The Concept of Civil Liability
The Purpose of Civil Liability
The Satisfaction of the Aggrieved
The Purpose of Civil Liability about the Injury Suffered Factor
Establish Order in Society by Preventing the Actions of Other Parties
Types of Civil Liability
The Concept of Contractual Liability
The Nature of Contractual Liability
The Concept of Coercive Responsibility
Responsibility Coercive Nature
Harmful Act
Prejudicing
Causality between the Act of Damaging and Prejudicing
The Existence of a Valid Contract
Unity or Duality of Responsibility
Differences in Baseline
Differences in Interpretation and Prove It
Differences in the Nature and Amount of Damage Claims
Differences in Other Features
Evidence to the Unity of the System Attributes
Same as the Base
The Same as the Concept of Fault and Prove It
Qualification and Condition Exemption from Liability
Unity in Other Specifications
Positive and Adverse Effects of Separation Responsibility System
Unity Responsibility System Works
10. Choosing the Right Suffered in Responsibility
11.1 Optional Called for in the Determination of the Case
11.2 The Pros Choice Theory
11.3 Wrong Choice Theory
12.1 Called Theory of Non-Disposal
12.2 Criticisms of the Theory of Choice
13. The Possibility or Impossibility of Responsibilities between the Two
13.1 Require Two Separate Damage
13.2 Ability to Re-Claim Liability
14. Result
Full Text
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