چکیده:
The purpose of civil liability is to compensate for the loss suffered. This liability is divided based on its basis into tortious and contractual. Contractual liability arises as a result of breaching a binding agreement, while tortious liability is realized by operation of law. Despite the common goal in both tortious and contractual liability, the principles governing them are different and justify the necessity of distinguishing between the two. Distinguishing between tortious and contractual liability is not always easily possible. Determining the basis of liability arising from the guarantee of error is among these cases. Various opinions have been presented regarding the basis of the aforementioned liability. Some consider it based on the contractual relationship between the parties, while others consider the will of the parties ineffective and rely on the operation of law in realizing the liability. This research attempts to critique and review both perspectives by introducing them.
خلاصه ماشینی:
Thus, the subject of the warranty of eviction is the becoming of the sold object as the property of a third party in a contract of sale, and it seems to be one of the general rules of exchanges which, in the Civil Code, has been included under the provisions of the contract of sale and has, for this reason, been criticized by some authors (Jafari Langroudi, 1379: 273 and 280).
Since this section attempts to state the opinions of those who believe in the contractual nature of the warranty of eviction and, consequently, the liability arising from the warranty of eviction, the aforementioned views, along with other reasons, are presented: A) In a transfer contract, similar to a sale, the seller undertakes to bring the sold item under the ownership of the buyer.
" It is also stated in Ruling No. 83-17/1/14 of Branch 4 of the Supreme Court: "In case of the buyer's ignorance of the defect in the transaction, the seller is liable for the compensations and damages incurred by the buyer, whether or not the seller's liability was explicitly stated in the transaction, and the consideration and benefits that the owner claims in the event that the sold item belongs to another are considered compensation and damages are considered compensation and damages and are subject to the legal articles regarding this matter" (Matin, 1381:85 and Borujerdi-Abde, 1382:Vol:2:95/2).
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