Investigating the Common Principles of Contractual Liability: Coercive Guarantee in Iranian Law

Civil liability is divided into the branches of contractual liability and coercive guarantee. Contractual liability is the liability of a person who accepts an obligation under a contract of definite or indefinite contracts and inflicts damage on the obligor due to non-fulfillment of the obligation or delay in fulfilling it, in which case the obligor is obliged to compensate the damage and guarantee Coercion deals with cases in which two persons have no agreement with each other, and one of them intentionally or by mistake harms the other. With these definitions, the main purpose of this study is to investigate the common principles of contractual liability and coercive guarantee. Which is examined in a descriptive and analytical manner and the collected information by referring to valid books and library techniques and the use of fish taking, proves the research hypotheses that in order to study the subject, the researcher concludes The basis of these two responsibilities is not the same and the element of fault is different in these two types of responsibilities.