Analysis of the status of the conventional human being in civil liability arising from the contract

One of the most widely used topics in the law of obligations is the role of the conventional human being in obligations. In the field of concluding a contract, interpreting the contract, executing the contract, the conditions of exemption from contractual liability, recognizing the fault of the obligee in the obligations by the conventional human being is used as a model of comparison. Also in the field of civil liability, since the realization of fault as a principle is one of the pillars of civil liability litigation, to find a proper definition of fault, the concept of a normal human being must be known. According to the standard of a rational man, fault is doing something that this hypothetical man (normal man) would not do in the circumstances in which the damage occurred, or abandoning what he did in those circumstances. In the past, this criterion was quite specific, and jurists generally ignored internal and personal circumstances in finding fault, but today many believe that the judge should consider those internal conditions that can be easily assessed objectively, such as age, status. Consider health and physical abilities, etc.