جستجوی مقالات مرتبط با کلیدواژه « وظیفه مراقبت » در نشریات گروه « فقه و حقوق »

The legal duties that are considered in civil liability are public and are generally the responsibility of all people. In English law, compensations for breach of legal duties, although they were initially applied to private law issues, were later extended to public law due to public policy considerations. Laws and regulations impose duties on all people, which the general society obliges to comply with, but sometimes, omission and violation of public duties, causes civil liability. In the civil liability system of England, the violation of society's rights, as a violation of legal duty, leads to responsibility. In this system, a combination of private and public rights compensations are applied, which cannot always and easily be changed. Currently, in addition to private relationships between individuals, considerations related to politics and public policy, the limited role of courts and the developing culture of human rights in England, have led to the development and enrichment of the judicial procedure about the civil responsibility of public institutions and officials. In the legal system of England, which is the basis of the discussion in this article, the titles of civil responsibility are derived from civil rights, which are applied to public officials in the same way as private law persons. This research, which has been written using a descriptive-analytical method and through library tools, tries to clarify the angles of civil responsibility resulting from breach of legal duty and omission in English law by looking at Iranian law.

A breach of a contractual obligation can not only cause damage to an obligor but also cause damage to third parties. The damage resulting from breach of contractual obligations is mainly material or moral for which a contracting party can claim within the framework of contractual civil liability and a third party can claim in the realm of non-contractual civil liability. However, today there are also other types called pure economic losses have no material origin (property or body) and may cause by a third party or contracting party due to intentional or negligent breach of a contractual obligation by the obligor. In this type of loss, the liability of obligor toward obligee is less questionable but the liability of the obligor to a third party for these damages is discussed in legal regimes. In British Law, the liability of the contractor against a third party is exceptional while in Iranian law there is no general rule allowing a third party to sue contractual party for a breach of contract, however, the general duty of the contractual obligor to take care of the third party in the direction of the principle which can be invoked in the contract, and also the rules of civil liability, protect the legal rights of the injured party. It seems that despite the lack of an explicit text, its design is not far from the mind, this is what will be comparatively expressed in this article based on an inspiration of the provisions of British law.

In the traditional view, no commitment is made until the negotiations lead to the conclusion of the contract. But these talks are not ineffective and, as the primary basis for establishing legal obligations, can pose risks to the parties. The two parties should be careful about their pre-contractual speech and deeds, as they may take action on the other side and may suffer losses as a result of not closing the contract. The duty of care is a legal obligation recognized in order to avoid such loss and its main principles in the pre-contractual period are: social contract theory, the principle of good faith and trust relations. The duty of care is to drive economic growth, prevent market failure, and expand trading confidence. Despite the discrepancy in the nature of the liability arising from non-compliance with this duty, it appears to be closer to non-contractual liability. Therefore, in order to prove it, the terms of non-contractual liability must be fully met. The background of the duty of care goes back to European law, and despite the existence of defensible grounds, this duty in Iranian and Islamic jurisprudence remains unknown and unregulated. However, the duty of care can be taken from the general rules of civil liability as well as Article 35 of the E-Commerce Act and stipulates its implementation.