جستجوی مقالات مرتبط با کلیدواژه "contractual civil liability" در نشریات گروه "فقه و حقوق"

Iran’s legal system is highly influenced by Imāmī jurisprudence in many areas. Regarding civil responsibility, the rich capacity of jurisprudence related to principles of guaranteeing covers various types of common civil responsibilities, including contractual liability. The principle of Tasbīb (Causation) is the most fitting principle that can serve as the basis for the necessity of compensating damages resulting from contractual breach. The mechanisms of Article 221 of the Civil Code and some jurists’ endeavors to establish a separate system for contractual liability is subject to criticism. Utilizing jurisprudential capacities neutralizes any ground for separating the various types of liability, and eventually enables the possibility of referring to the Tasbīb Principle in contractual liability based on some jurisprudential views. Additionally, it necessitates the need for reconsidering existing rules and establishing a common system to replace the scattered and inconsistent laws regarding liability, such as some Articles in the Civil Code or the Law of Civil Liability 1399, some provisions of the Civil and Criminal Procedural Law, and the Islamic Penal Code.

Assistant professor at Razavi University of Islamic Sciences he role of the “rational course” in the inference of Shari'a law has been more or less considered by the jurists. The point of difference is how to determine its status, conditions and validity. At the same time, the greater validity of the precepts of the meaningful transactions of the world indicates the importance of rationality in jurisprudence. (At the same time, the more general verdicts of the verdicts confirm the importance of rationality in jurisprudence.) The exquisite views of some jurists in the study of the material and spiritual components of the Sirae are the basis for the significant works in contractual responsibility. Based on the findings of this essay written in a descriptive-analytical manner, it can be said that, in addition to relying on the evidence of coercive assertion to substantiate the principle of contractual liability, this type of disclaimer is indisputable, and does not imply explicit or implied (This type of responsibility is certain and it is not correct to subject it to explicit or implied). therefore, article 221 of the Civil Code is incorrect. In addition, relying on the organic and instrumental role of the rational process in understanding the rules of loss, ala al-yad and prohibition of detriment, the radius of responsibility encompasses non-profit damages. The of liability covers the non-profit losses incurred. On this basis, the amended Articles 221 of the Civil Code and Note 2 of Article 515 of the Code of Civil Procedure have been proposed. The overall approach of this article is to endorse the theory of unity of accountability and is in line with jurisprudence. At the same time, however, it differs from the well-known view of jurists, in that it argues that coercive damages include non-profit damages. (At the same time, it differs from the famous view of jurists in that it is argued that forcible indemnification involves non-profit damages.) Definite non-profit damages whether due to usurpation of property, human imprisonment, or breach of contract.

The traditional DBB system is one of the most important Project Delivery Systems. The consultant engineer services are provided to the employer under a contract. However, the nature of the work of the consultant engineer has made it impossible for the consulting engineer to be limited to the territory of the parties and the government, by adopting the rules and guidelines, has a significant share in determining such responsibilities and its scope. The general terms and conditions of the consulting services contracts are among these guidelines. In clause 2 of Article 26 of the aforesaid terms, the responsibility of the consulting engineer toward the employer has been extended to the time after the definitive taking over of the project. An approach based on the nature of the consultant is also considered in the laws of other countries. However, the clause mentioned the term "later" as a criterion for determining the timing of imposing a liability on the consultant engineer. Accordingly, justice and legal rules require that by relying on role of the custom in interpreting the laws, this clause is to be interpreted and the disadvantage should be resolved under the private terms of the contract.
Keywords: Contractual Civil Liability, Consulting Engineer, Client, General Conditions of the Contract, Agreement and Uniform General Conditions of Consulting Service Contracts.