the conditions of the force majeure play an important role for the impact of this factor to be recognized in the people’s responsibility. studying the new practices of the french cour de cassation and the approaches of the legal writers are indicative of new approaches towards two elements of unforseeability and being of an external nature in the non-contractual obligations. therefore, unforsea...

The contractual liability seeks to reshape a situation similar the that would have resulted from implementation of contract, and this is not its only function but rather it has other functions, latter may be tort or differ it, means multiple functions according damage compensated sometimes by difference fault which leads granting another function, though basis measure compensation. It was concl...

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 establish...

in state-investor dispute, investor tends that umbrella clause transfers all contractual claims to treaty claims. by contracts, state follows narrow interpretation of this clause. up to ilc articles, establishing of responsibility of state for breach of contract requires tow preconditions. first state is merely responsible when state condoct has been of governmental nature and second is that br...

one of the main objectives of development policies in different countries is food security. extensive researches around the world specially during last decades show the role of nutrition in health, food security, increase of efficiency and economic development. considering that a healthy diet and having access to sufficient and healthy foods are the basic human rights, governments are obliged t...

death is not the worst accident but sometimes birthday turns into a bad accident. in the problem of unwanted or disabled child as a result of medical fault, there have been doubts about the responsibility and opportunity to claim damages for years. but now the responsibility accepted by courts in different countries; parents according to contractual liability and disabled children according to ...