Civil Liability of the Primary Contractor in the Event of Delegating Obligations in Imamiyyah Jurisprudence and Iranian Law
In many hiring of persons contracts, the hireling delegates the performance of the obligation to a third party. For instance, a contractor who has undertaken a large-scale project may subcontract different sections to specialized subcontractors. Similarly, a surgeon might assemble a team to perform...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Persian |
| Published: |
Razavi University of Islamic Sciences
2024-12-01
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| Series: | آموزههای فقه مدني |
| Subjects: | |
| Online Access: | https://cjd.razavi.ac.ir/article_1733_9fae0219f3a7e436b5a2d308533d2ded.pdf |
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| Summary: | In many hiring of persons contracts, the hireling delegates the performance of the obligation to a third party. For instance, a contractor who has undertaken a large-scale project may subcontract different sections to specialized subcontractors. Similarly, a surgeon might assemble a team to perform an operation under his/her supervision. The question that arises here is: In cases of delegated obligations, what responsibility does the first hireling bear if the third party causes damage? As a general rule, damage caused by a third party does not create liability for the hireling unless such liability has been explicitly or implicitly stipulated for the hireling. Unlike the laws of other countries, contractual liability arising from the act of a third party cannot be considered a principle in Iranian law. Similar approaches for the liability of the primary hireling in cases of damage caused by a third party can be considered through implied contract terms and governmental decrees. |
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| ISSN: | 2251-936X 2783-3690 |