The Civil Liability of Third-party Cooperation in Breach of Contractual Obligations (A Comparative Study in Legal Systems of France, Belgium and Iran with Regard to Imāmyyah Jurisprudence)

One of the important issues in the law of contract is the impact of third-parties cooperation with the contractual promisor in breach of his obligations. In legal systems of France and Belgium, the third-party cooperation in breach of contractual obligations, has been considered to be the cause of civil liability. This research with an analytical, logical and comparative method, meanwhile explaining the Basics, conditions and effects of aforesaid liability in legal systems of France and Belgium, has investigated the viewpoint of In legal system of Iran. Based on the results of this research, i... Mehr ...

Verfasser: Sayyed Mohammad Mahdi Qabuli Dorafshan
Pouria Shirkhani
Mohammad Movahedi Fard
Dokumenttyp: Artikel
Erscheinungsdatum: 2016
Reihe/Periodikum: پژوهش‌نامه حقوق اسلامی, Vol 16, Iss 2, Pp 47-68 (2016)
Verlag/Hrsg.: Imam Sadiq University in Iran
Islamic Republic of
Schlagwörter: breach of contractual obligations / third-party cooperation / non-opposability of contract / annulment of contract / civil liability / Islamic law / KBP1-4860
Sprache: Arabic
Englisch
per
Permalink: https://search.fid-benelux.de/Record/base-28971683
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : https://doi.org/10.30497/law.2016.1821

One of the important issues in the law of contract is the impact of third-parties cooperation with the contractual promisor in breach of his obligations. In legal systems of France and Belgium, the third-party cooperation in breach of contractual obligations, has been considered to be the cause of civil liability. This research with an analytical, logical and comparative method, meanwhile explaining the Basics, conditions and effects of aforesaid liability in legal systems of France and Belgium, has investigated the viewpoint of In legal system of Iran. Based on the results of this research, in French doctrine and precedent, joint and several liability of the promisor and the third-party is the theory accepted for the compensation of the damages caused to the promise. Moreover, in the case of contracts that the third-party concludes with the promisor in order to breach his obligations, non-opposability or annulment of aforesaid contracts has been propounded as the appropriate way to restore the previous situation. In legal system of Iran unenforceability of aforementioned contracts is acceptable. It is also defensible to suppose the promisor and the third-party equally liable toward the contractual promise for the damages resulting, unless their conduct efficacy is different.