Civil Liability Resulting from Breach of an Obligation Arising from a Unilateral Will - a comparative study – | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 2 part 2, December 2023, Pages 701-729 PDF (871.08 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.143511.1080 | ||
| Authors | ||
| Zina M Mudheher* 1; Hewa Ibrahim Qadir Alhaidary2 | ||
| 1College of Engineering - Salahaddin University - Erbil | ||
| 2Salahaddin University, Erbil | ||
| Abstract | ||
| Comparative legislative positions varied in taking the unilateral will as a source of obligation, between those who approved it within limits over which there was disagreement and those who shied away from taking it. The unilateral will did not receive the importance that other sources of obligation did, as the majority of the laws that adopted it referred to the provisions of the contract to govern them to the extent that did not conflict with The necessity of the existence of two identical wills to create the obligation, which led to this ruling not accommodating all applications of the unilateral will and the differences in jurisprudential opinions regarding the suitability of these provisions to govern it. From this standpoint, this study examined the civil liability resulting from breach of an obligation arising from a unilateral will to arrive at adapting this liability, by presenting and analyzing the opinions that were said in this regard and stating our opinion on them to show the extent of their suitability and validity. The study concluded that liability for breach cannot be adapted. The obligation arising from the unilateral will is considered a contractual responsibility, due to the lack of the basis on which this responsibility is based, represented by the contract. It also cannot be qualified as tortious liability, because the unilateral will is a legal act and not a legal fact, so it falls in the middle area between contractual and tortious liability, and therefore it is a non-contractual liability. | ||
| Keywords | ||
| civil liability; ،contractual liability; ،non-contractual liability; ،tort; ؛; ،unilateral will | ||
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