PROCEDURAL LAW AND SUBSTANTIVE STUDY OF CONFLUENCE AND CHOOSING TORTIUOUS AND CONTRACTUAL LIABILITY WITH RESPECT TO CONTRACT PARTIES | ||
| مطالعات حقوق خصوصی | ||
| Article 5, Volume 42, Issue 1, April 2012, Pages 67-87 PDF (294.52 K) | ||
| DOI: 10.22059/jlq.2012.29817 | ||
| Authors | ||
| Mohsen Izanloo; Hassan Paktinat | ||
| Abstract | ||
| Where the debtor fails to perform the contract, he would have contractual liability. (this amount to contractual liability of the debtor) Can debtor have the right to ignore contractual liability and invoke for tortuous? Right to choose is definitely raised where non-performance of contract amounts to contractual liability as well as tortuous liability. Some confirm this right to choose and give the affected person right to choose the best basis in this regard and others consider this right against the parties' will. Where the debtor fails to perform the contract, he would have contractual liability. (this amount to contractual liability of the debtor) Can debtor have the right to ignore contractual liability and invoke for tortuous? Right to choose is definitely raised where non-performance of contract amounts to contractual liability as well as tortuous liability. | ||
| Keywords | ||
| Cause of action.; Coincidence of liability; Concept of confluence and choosing between two responsibility; contractual liability; Procedural law; Tortuous liability | ||
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