Territory and effects of the condition of non-responsibility from the perspective of Imami jurisprudence
The principle is that each obligor is liable for his obligation, but sometimes the parties to the contract, while concluding the contract, or outside it, agree that in case of loss to one of the parties due to non-fulfillment of the obligation, or performance Incomplete or delayed performance, the obligor is released from liability. The contracting party may state that it is not liable under certain circumstances (such as unintentionality and large error) for possible future damages at the time of the contract, or in another contract. The basis of validity of the condition of irresponsibility is: UFO with contracts, the rule of conditions, the rule of domination, the principle of freedom of will and the basis of invalidity, the condition of opposition to public order and good morals and the necessity of our abolition is not obligatory. The condition of non-liability is valid within the scope of the civil liability of the contract, which is the result of error, mistake, fraud and major error. The condition has the same effect on the parties and their representatives as it does on the third party. In case of invalidity of the condition, its effect on the contract depends on the status of the condition. In this research, using the descriptive-analytical method and with the method of phishing and library studies, we try to discuss the scope and effects of the non-responsibility condition.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
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