The Consideration of Possibility of Third Party’ s invocation To professional Contractual Commitments in the Civil Liability Dispute

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Badini Hasan; Sarfi Majid

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: COMPARATIVE LAW REVIEW Year:2018 | Volume:9 | Issue:1 Page(s): 25-46

Download Full-Text

Persian Verion

View:

634

Download:

Cites:

Information Journal Paper

Title

The Consideration of Possibility of Third Party’ s invocation To professional Contractual Commitments in the Civil Liability Dispute

Author(s)

Badini Hasan | Sarfi Majid | Issue Writer Certificate

Keywords

ProfessionalQ2

third partyQ1

civil liabilityQ2

the possibility of invocationQ1

strict liabilityQ1

Abstract

According to the principle of privity of contracts, the contractual commitments are limited to the contract parties, and third parties cannot invoke breach of such commitments in order to prove Professional fault. In addition, invoking mere Professional contractual and costume obligations would also make some limitations in attaining compensation by third parties. Therefore, different solutions have been devised to protect the third parties in order to exempt them from proving Professional civil fault and providing them with the possibility of invoking the breach of all Professional contractual commitments either mechanism oriented commitments or result oriented ones. The recognition of breach of contractual commitment as a civil fault, intervention of Professional contractual situation in recognition of this civil fault (the idea of privity of contractual fault) and the law-made institutions of commitment in favor of their part, the possibility of making commitment in favor of public and formation of direct contractual relationship between Professionals and third party are common solutions. However, regarding the Professionals‟ activities that formed mostly within the contracts‟ context, the above mentioned institutions are not efficient necessarily to protect third party against damages resulted out of Professional activity. Therefore, the judicial practices in England and France protect third party with utilizing the routes of the rules of the parties of contract‟ s possibility to invokethe legal status resulting from contract against third party and/or generalizing the idea of commitment to cautious and care in performing contractual commitments to third parties. In Iran legal system, the possibility of commitment in favor of public in general rules and the Professional strict liability against the other party and third party in the Law for Protection of Consumers‟ Rights are solutions that can be offered in order to protect the third party (rights).

Cites

No record.

References

No record.

Cite

APA: Copy

Badini, Hasan, & Sarfi, Majid. (2018). The Consideration of Possibility of Third Party’ s invocation To professional Contractual Commitments in the Civil Liability Dispute. COMPARATIVE LAW REVIEW, 9(1 ), 25-46. SID. https://sid.ir/paper/246329/en

Vancouver: Copy

Badini Hasan, Sarfi Majid. The Consideration of Possibility of Third Party’ s invocation To professional Contractual Commitments in the Civil Liability Dispute. COMPARATIVE LAW REVIEW[Internet]. 2018;9(1 ):25-46. Available from: https://sid.ir/paper/246329/en

IEEE: Copy

Hasan Badini, and Majid Sarfi, “The Consideration of Possibility of Third Party’ s invocation To professional Contractual Commitments in the Civil Liability Dispute,” COMPARATIVE LAW REVIEW, vol. 9, no. 1 , pp. 25–46, 2018, [Online]. Available: https://sid.ir/paper/246329/en

Related Journal Papers