THE SCOPE OF CIVIL LIABILITY ARISING FROM NON-PERFORMNCE

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.

MOHAGHEGH DAMAD S.M.; ISAEI TAFRESHI MOHAMMAD; VAHDATI SHOBEYRI S.H.

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

Journal Paper

Paper Information

Journal: NAMEH-YE-MOFID Year:2003 | Volume:8 | Issue:5 (33 LAW) Page(s): 21-40

Download Full-Text

Persian Verion

View:

1,935

Download:

Cites:

Information Journal Paper

Title

THE SCOPE OF CIVIL LIABILITY ARISING FROM NON-PERFORMNCE

Author(s)

MOHAGHEGH DAMAD S.M. | ISAEI TAFRESHI MOHAMMAD | VAHDATI SHOBEYRI S.H. | Issue Writer Certificate

Keywords

CIVIL LIABILITY- CONTRACTUAL LIABILITY- SCOPE OF LIABILITY - PELFORMANCE OF OBLIGATION- NONPELFORMANCEQ4

Abstract

Our country’s law concerning the scope of civil liability arising from non-performance of obligations, has a history associated with ups and downs, so that it can be divided into three phases: the enactment of Civil Code in 1307 of solar calendar, adoption of Civil Procedure in 1318 and Civil Liability Law in 1339 and the Law of Procedure of General and Revolutionary Courts in Civil Matters) in 1379.Understanding legal developments in relation to our subject matter is not possible without examining its background in foreign legal systems, on one hand, and studying Fiqhi foundations and common doctrine among Muslim jurists, on the other.The paper is an attempt to study the scope of civil liability arising from non-performance first in foreign legal systems and then from a jurisprudential viewpoint and finally, its developments in our country’s law, especially in recent years.The paper argues that subjecting the demand of contractual reparation to express or implicit will of the parties (in Article 221 of Civil Code) by the civil legislator in 1307 is not pointless but rather was to adapt European law to Islamic Shi’a jurisprudence and was therefore necessary.Also the exclusion of non-profit loss from the scope of civil liability arising from non-performance, its limitation to deliberate destruction and causing and the intervention of the element of "fault" in contractual liability considered in the law of procedure of General and Revolutionary Courts (in civil matters) of 1379 are contrary to today’s customary principles. The mechanism envisaged in the Civil Code of 1307 which is the sole way of adopting a large scope for that liability is consistent with generally accepted doctrine in jurisprudence and also with principle 4 of the Islamic Republic of Iran’s Constitution.

Cites

JUDICIAL AND LAWFUL STUDY OF COMPENSABILITY OF WASTED PROFIT

References

پایان مسوولیت قراردادی

Cite

APA: Copy

MOHAGHEGH DAMAD, S.M., ISAEI TAFRESHI, MOHAMMAD, & VAHDATI SHOBEYRI, S.H.. (2003). THE SCOPE OF CIVIL LIABILITY ARISING FROM NON-PERFORMNCE. NAMEH-YE-MOFID, 8(5 (33 LAW)), 21-40. SID. https://sid.ir/paper/3637/en

Vancouver: Copy

MOHAGHEGH DAMAD S.M., ISAEI TAFRESHI MOHAMMAD, VAHDATI SHOBEYRI S.H.. THE SCOPE OF CIVIL LIABILITY ARISING FROM NON-PERFORMNCE. NAMEH-YE-MOFID[Internet]. 2003;8(5 (33 LAW)):21-40. Available from: https://sid.ir/paper/3637/en

IEEE: Copy

S.M. MOHAGHEGH DAMAD, MOHAMMAD ISAEI TAFRESHI, and S.H. VAHDATI SHOBEYRI, “THE SCOPE OF CIVIL LIABILITY ARISING FROM NON-PERFORMNCE,” NAMEH-YE-MOFID, vol. 8, no. 5 (33 LAW), pp. 21–40, 2003, [Online]. Available: https://sid.ir/paper/3637/en

Related Journal Papers