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Paper Information

Journal:   PRIVATE LAW STUDIES   FALL 2010 , Volume 40 , Number 3; Page(s) 117 To 130.
 
Paper: 

THE EVOLUTION OF FORCE MAJEURE CONDITIONS IN FRENCH LAW AND ITS APPLICABILITY IN IRANIAN LAW

 
 
Author(s):  HAJINOORI GOLAMREZA*
 
* LAW DEPARTMENT- THE UNIVERSITY OF TABRIZ
 
Abstract: 
The conditions of the force majeure play an important role for the impact of this factor to be recognized in the people’s responsibility. Studying the new practices of the French cour de cassation and the approaches of the legal writers are indicative of new approaches towards two elements of unforseeability and being of an external nature in the non-contractual obligations. Therefore, unforseability in responsibility and lack of it, is not effective in the release from responsibility and unfrseability is an indication of non-preventability. This approach has been remarkably considered by the Imamiea Fiq and has been accepted without any changes in the Islamic Criminal Code.
The element of being an external nature is not considered important in the liability resulting from the act of other in the non-contractual obligations, although this element is effective in the responsibility resulting from the act of other and things.
 
Keyword(s): FORCE MAJEURE, UNFORSEEABILITY, BEING OF AN EXTERNAL NATURE, IMAMIA FIQ, FRENCH LAW, NON CONTRACTUAL OBLIGATIONS
 
References: 
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