The civil liability of the first hirer in the assumption of assignment of obligation in ImamayehFiqh and the Iranian Legal System

Document Type : Original Article

Authors

1 University of isfahan

2 Isfahan University

Abstract

Today, in many rental contracts, the lessee entrusts the performance of the obligation to a third party. A contractor who undertakes a huge project and assigns each part to a subcontractor, a doctor who forms a team under his supervision for surgery. What responsibility does the third party have for the first hirer? As a basic rule, the claim of damage by a third party will not create responsibility for the hirer unless this responsibility is explicitly or implicitly stipulated on the hirer. Contrary to the laws of other countries, the contractual responsibility resulting from the act of another cannot be raised as a principle in the laws of Iran. There are similar solutions for the responsibility of the first hirer in case of damage from a third party, which can be proposed in the form of a condition in the contract and a government decree, which will be discussed briefly.

Keywords

Main Subjects

Civil Jurisprudence Doctrines

Articles in Press, Accepted Manuscript
Available Online from 19 August 2023

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