Journal of Islamic Law Research

Journal of Islamic Law Research

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

Type : Research Article

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Abstract
One of the differences between contractual and extracontractual liabilities is that of fault. This difference is of special significance and complexity in both theoretical and practical aspects. Sometimes, by fault is meant an injurious act. In fact, in some types of liability, fault is nothing more than the commission of an illegal injurious act. However, the difference is in two aspects: substantive and procedural. Fault in Iranian law is different from that in 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 liabilities according to French law and Iranian jurisprudence and law in terms of concept and procedure.
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  • Received 26 November 2007
  • Revise 08 January 2008
  • Accepted 08 February 2008