plurality theory on claim of civil liability with a comparative study in french law

the principle of “non-retractable agreement between contractual and non-contractual responsibility” is a traditional rule in the french law and countries adapting the french law of harmony and homogeneity; this rule means that if the claim for petition is based on the mistake, i.e., if it was meant to be based on contractual liability, rather than liability enforced in accordance with established liability or vice versa, a case will be rejected. this, theoretically, creates a dispersion and disorganization in addressing “the claims brought in the courts and the legal precedents”; the other defendant cannot found legal right to compensation. thus this article gathers two liabilities predicted above.