عنوان مقاله [English]
نویسنده [English]چکیده [English]
Discussion of the root of contractual and tortious liability ,and their unity or multiplicity is one of the most important and effective comparative debates between the two fields of contracts and irrecusably obligations (obligations by operation of law, obligations ex delicto); this is the issue which has not been judged correctly by the legislature in the law of Iran and many countries and has paved the way for the guidance of doctrine and case law. But, neither the judicial precedent nor the view of jurists of different legal systems, in this field, is the same. Among others, "Tank", the famous international French author, as one of the most outstanding lawyers in the fields of civil liability and comparative studies, whilst examining this subject- matter in various legal systems, has attempted to express his view on this issue with the expression of the legal position of the leaders of the two important Common Law and Roman- German legal systems and the most important drawbacks and justifications of belief in distinctions between these two liabilities. It seems that with the review of this matter's position in the civil law of Iran, the view of the mentioned scholar, based on the duality of contractual and tortious liability and yet practical unity among them, is generalizable in the law of Iran, too.