COMPARISON OF THE

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BIGDELI SAEED

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Journal Paper

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Journal: ISLAMIC LAW RESEARCH JOURNAL Year:2015 | Volume:15 | Issue:2 (40) Page(s): 133-160

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Information Journal Paper

Title

COMPARISON OF THE "ANDRÉ TANK'S" VIEW ON THE BASIS OF CONTRACTUAL AND CIVIL LIABILITY WITH THE POSITION OF IRAN CIVIL LAW

Author(s)

BIGDELI SAEED | Issue Writer Certificate

Keywords

ANDRE TANKQ2

OBLIGATIONQ2

CIVIL LAWQ2

CIVIL LIABILITYQ2

CONTRACTUAL LIABILITYQ2

Abstract

Discussion of the root of contractual and tortious liability, and their unity or multiplicity is one of the most important and effective comparative debates between the two fields of contracts and irrecusably OBLIGATIONs (obligations by operation of law, OBLIGATIONs ex delicto); this is the issue which has not been judged correctly by the legislature in the law of Iran and many countries and has paved the way for the guidance of doctrine and case law. But, neither the judicial precedent nor the view of jurists of different legal systems, in this field, is the same. Among others, "Tank", the famous international French author, as one of the most outstanding lawyers in the fields of CIVIL LIABILITY and comparative studies, whilst examining this subject- matter in various legal systems, has attempted to express his view on this issue with the expression of the legal position of the leaders of the two important Common Law and Roman- German legal systems and the most important drawbacks and justifications of belief in distinctions between these two liabilities. It seems that with the review of this matter's position in the CIVIL LAW of Iran, the view of the mentioned scholar, based on the duality of contractual and tortious liability and yet practical unity among them, is generalizable in the law of Iran, too.

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APA: Copy

BIGDELI, SAEED. (2015). COMPARISON OF THE "ANDRE TANK'S" VIEW ON THE BASIS OF CONTRACTUAL AND CIVIL LIABILITY WITH THE POSITION OF IRAN CIVIL LAW. ISLAMIC LAW RESEARCH JOURNAL, 15(2 (40) ), 133-160. SID. https://sid.ir/paper/229418/en

Vancouver: Copy

BIGDELI SAEED. COMPARISON OF THE "ANDRE TANK'S" VIEW ON THE BASIS OF CONTRACTUAL AND CIVIL LIABILITY WITH THE POSITION OF IRAN CIVIL LAW. ISLAMIC LAW RESEARCH JOURNAL[Internet]. 2015;15(2 (40) ):133-160. Available from: https://sid.ir/paper/229418/en

IEEE: Copy

SAEED BIGDELI, “COMPARISON OF THE "ANDRE TANK'S" VIEW ON THE BASIS OF CONTRACTUAL AND CIVIL LIABILITY WITH THE POSITION OF IRAN CIVIL LAW,” ISLAMIC LAW RESEARCH JOURNAL, vol. 15, no. 2 (40) , pp. 133–160, 2015, [Online]. Available: https://sid.ir/paper/229418/en

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