tortious and contractual liability: differents and functions
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abstract
when a person should compensate something for a person, it is said that he has civil liability. the existence of evidence that shows a person is responsible- the wrong act, damage, negligence causation relationship-specific religious relationship is caused between the person who cause the damage and the one who receive it that the former turn out to be the person indebted and the later one the person who should be paid, and the nature of this relationship is the compensation of the damage.at the beginning of 19th century, lots of attention was paid to the origin of responsibility, and influenced by this perspective, civil responsibility was divided to tortuous and contractual branches, and gradually each of them has found its special conceptualization (duality of liability), though each of them has been criticized.
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Journal title:
مطالعات حقوق خصوصیجلد ۴۰، شماره ۴، صفحات ۲۴۷-۲۶۶
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