Difference of Fault in Contractual Liability and Extracontractual Liability A Comparative Study in Shiite Jurisprudence, Iranian Law, and French Law

Hashemi, Seyyed Ali

doi:10.30497/law.2012.1271

Difference of Fault in Contractual Liability and Extracontractual Liability A Comparative Study in Shiite Jurisprudence, Iranian Law, and French Law

Document Type : Research Article

Author

seyyed ali hashemi

10.30497/law.2012.1271

Abstract

One of the differences between the two contractual and extracontractual liabilities is that of fault. This difference is of special significance and complexity in theoretical and practical aspects. Sometimes by fault is meant an injurious act. In fact, in some types of liability, fault is nothing more than commission of illegal injurious act . However, the difference is in two aspects: substantive and procedural. Fault in Iranian law is diiferent from French law, because some experts in law do not consider it valid in the jurisprudence and law of Iran. The present article seeks to study and compare \"fault\" in contractual and extracontractual liabilites according to the French law and Iranian jurisprudence and law in terms of concept and procedure.

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