عنوان مقاله [English]
نویسنده [English]چکیده [English]
Legal rules have ratified in order to formulate social relations and create a balance between Rights and dutied of different indivisuals. Lagislature use Multiple tools for reaching this purpose. Sometimes obligate persons to enforce their promise And if the enforcement of contract was failed, defaulter will be compulse to pay compensation to other party. Sometimes without a valid contract, there is a Loss. In this cases, non contract liability sanction, whether civil/criminal responsibility, will be run. Conditions, scopes, proving and exemptions for establishing these responsibilities differ from others. For this reason, distinguishing that what legal Liability for an action is, has a great significance in settelment of the justice and formulation of the legal Relations for people. One of the subjects that have different opinions on determination basis of Responsibility is "Zaman-e- Darak (Liability of non ownership). Legal studies Journal of Shiraz University (No, 1, Volume 2- spring- summer 2010) has published an Article under cubic "Tort or Contract responsibility emerging from zamane darak" that some subjects has Wrote in it, is outlined critically. Therefore, with a view to matters has dealed with in previeus paper, Reasoningly proved that "Zaman- e- darak" is a kind of Automatic/ tortious civil Responsibility. Also finally, this propose that is After Declare that "refusal of unauthorized contract by owner" is not a clause for creation of non ownership liability, at least, some Amendments in Articles of civil code in regarding to that liability must be done or omitting some of them.