CONTRACTUAL RESPONSIBILITY FUNCTION: A COMPARATIVE STUDY
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Abstract
The contractual liability seeks to reshape a situation similar to the situation that would have resulted from the implementation of the contract, and this is not its only function but rather it has other functions, and the latter may be similar to the function of tort liability or may differ from it, and this means that contractual liability has multiple functions that differ according to the damage that is compensated of it, and sometimes by the difference of fault which leads to the granting of it to another function, though the latter is not a basis or measure of compensation. It was concluded that the contractual liability has a double function, which is implementation and compensation, and the latter has multiple forms that may be corrective and may be satisfactory, as it can be punitive, and this has been confirmed by texts derived from the civil legislation itself, and then this research is an attempt to shed light on the jurisprudential and legal position From the contractual responsibility function.
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