The Consideration of Possibility of Third Party’s invocation To professional Contractual Commitments in the Civil Liability Dispute

Document Type : Research Paper

Authors

1 Associate Professor of Faculty of Law and Political Science at Tehran University, Tehran,Iran

2 Ph.D. Student of Private Law of Faculty of Law and Political Science at Tehran University, Tehran,Iran

Abstract

According to the principle of privity of contracts, the contractual commitments are limited to the contract parties, and third parties cannot invoke breach of such commitments in order to prove professional fault. In addition, invoking mere professional contractual and costume obligations would also make some limitations in attaining compensation by third parties.   Therefore, different solutions have been devised to protect the third parties in order to exempt them from proving professional civil fault and providing them with the possibility of invoking the breach of all professional contractual commitments either mechanism oriented commitments or result oriented ones.  The recognition of breach of contractual commitment as a civil fault, intervention of professional contractual situation in recognition of this civil fault (the idea of privity of contractual fault) and the law-made institutions of commitment in favor of their part, the possibility of making commitment in favor of public and formation of direct contractual relationship between professionals and third party are common solutions. However, regarding the professionals’ activities that formed mostly within the contracts’ context, the above mentioned institutions are not efficient necessarily to protect third party against damages resulted out of professional activity. Therefore, the judicial practices in England and France protect third party with utilizing the routes of the rules of the parties of contract’s possibility to invokethe legal status resulting from contract against third party and/or generalizing the idea of commitment to cautious and care in performing contractual commitments to third parties. In Iran legal system, the possibility of commitment in favor of public in general rules and the professional strict liability against the other party and third party in the Law for Protection of Consumers’ Rights are solutions that can be offered in order to protect the third party (rights).

Keywords

Main Subjects

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Comparative Law Review
Volume 9, Issue 1
Spring & Summer
April 2018
Pages 25-46

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