نوع المستند : مقالة ترويجية علمية
المؤلفون
1 مدرس
2 حقوق خصوصی ، دانشگاه آزاداسلامی قم
المستخلص
الكلمات الرئيسية
عنوان المقالة [Persian]
المؤلفون [Persian]
Within the framework of the civil liability system, the issue of breach of duty (the failure to perform an action) is considered one of the most complex and controversial. While the three basic elements of liability in cases of positive acts—the occurrence of harm, the tort, and the causal link—can be established relatively easily, dealing with breach of duty presents greater levels of complexity due to its nihilistic nature. This type of breach is often surrounded by interpretations tinged with doubt regarding the attribution of harm to the unperformed act. This article aims to address this topic comprehensively by reviewing the various dimensions of breach of duty within the framework of civil liability, focusing on Imami jurisprudence and Iranian law. In this context, cases such as breach of duty preceded by an obligation, breach of duty as the sole cause, and breach of duty within the act are examined. Jurisprudential rules such as destruction, no harm, and forfeiture are analyzed as legal foundations, and rational and customary perspectives regarding the causal link are compared. In another part of the research, the views supporting the establishment of liability arising from actual breach were examined, including the theory that considers actual breach a fault due to deviation from customary conduct, as well as the view that considers a criminalized actual breach a basis for civil liability. However, the article's final interpretation is that in the absence of a specific obligation or customary attribution of harm to the party causing the breach, actual breach alone cannot be considered a basis for liability, and the existing analytical foundations in this field must be reconsidered.
الكلمات الرئيسية [Persian]
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