| Autor: |
سیدوحید صادقی, محمدمهدی الشریف |
| Zdroj: |
Islamic Jurisprudential Researches; Oct2023, Vol. 19 Issue 3, p237-250, 14p |
| Abstrakt: |
Today, in many contracts, the contractual obligee seeks help of a third party to fulfill all or part of his obligation. The question that is raised here is that when the obligee to the contract seeks help of another person to fulfill the obligation, what is the responsibility of the obligee to the initial contract as a result of the claim of damage by a third party? As a basic rule, the claim of damage by a third party will not create responsibility for the obligee unless the responsibility is explicitly or implicitly stipulated on the obligee. A part of this article reviews the narrative of Zorarah and Abi Basir regarding the issue. By taking the criteria from this narrative, it can be concluded that the contractual obligee is responsible for the damage sustained by the first obligee caused by the third party due to the implied condition of guaranteeing the damage. [ABSTRACT FROM AUTHOR] |
| Databáze: |
Complementary Index |
| Externí odkaz: |
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