Ph. D. Student of Private Law in Shahid Beheshti University
Abstract
Civil liability is classified into compulsory and contractual branches. Compulsory civil liability is concerned with the breach of legal or customary obligations of a person in the society arena, but contractual civil liability deals with the compensation for damages arising from the breach of a contractual obligation. The concept and function of fault in these two sorts of responsibility are of the affairs on which lawyers –due to ambiguity of the related statutes and regulations on the one hand and the scattered or decentralized legislation on the other hand- have invariably disagreed. Explaining the concept of fault and its function in fulfilment of responsibility within these two areas, is a basic and decisive factor in determining the common and different grounds of the protest is enough for such proving and the claiming of “the necessity of dispatching declaration” by the owner of the commercial paper for the aforementioned proving, is of no due legal basis and justification.
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