المسؤولية العقدية و تنفيذ الالتزام : دراسة مقارنة

Abstract EN

That contract liability is not to be claimed except in the presence of a contract between the parties and that such contract is valid.

Therefore, the tort does not entail liability at the negotiation stage, unless it is accompanied by a pre-contractual error; Damage to the other negotiating party.

At this last stage, the burden of proof of such error and damage shall be borne by the injured party.

There shall be no scope for contractual liability except in the context of the contractual relationship.

In other words, a contractor or a third party, if it is a party to it, must be the cause of the non-performance of the obligation, that is, the one who breached the obligations that it incurred under the contract on the one hand and the injured party being the contractor with the creditor on the other.

This requirement is based on the principle of the proportionality of the effects of the contract, namely that the effects of the contract are limited to the parties, so that others do not earn a right and do not bear a duty.

As for the implementation of the obligation, the implementation of the obligations is the implementation in kind.

That is, the debtor's compliance with what it has committed to.

Inkind execution is a right of the creditor, and the debtor can not modify it if it is possible and implement its obligation by way of compensation.

As it is a right of the debtor, the creditor can not refuse the in-kind implementation and the debtor is required to pay compensation.

However, if the execution in kind is the original.

The creditor may resort to execution in return as a back-up way of implementation.

In the cases specified by the law and this is what we Will clarify in our research tagged.