المسؤولية المدنية الناشئة عن إخلال الغير بالعقد : دراسة مقارنة

الملخص EN

Undoubtedly, when a contract comes into existing impose a negative obligation for all people.

This obligation to show respect and oblige that contract and implications which are resulted of it whether, it was real or personal implications.

This negative obligation based on res judicate principle of contract, if this contract has a complete conditions, according to this principle the alios cannot adopt approach in contrast with former contract.

Based on above mentioned, if alios intervene in the legal relationship between contractors (creditor and debtor), who are the parties of the contract, and then the debtor cannot performance the obligation result from the contract.

The alios would be responsible because they breach the res judicate of contract.

This liability is known as a tort liability based on non- fault based.

This type of fault is take place when the alios breach the general negative obligation.

This liability is original liability it is attributed to the alios as along as based on non-fault based regardless the debtor situation.