الخيرة بين دعوى المسؤولية العقدية والمسؤولية التقصيرية

Abstract

This study aimed at investigating the possibility, for the contactor being affected due to cheating or serious error by the debtor, to choose between the contractual liability and tort liability. It focused on evaluating the Libyan legislator’s policy in this context in order to identify the areas of weakness and shortage regarding rewarding the unexpected damages in accordance with the contractual liability, and analyzing the main related legal principles and Islamic rulings. The researcher used appropriate research methods: The analytical method to analyze the legal texts, comparative method to compare both legal and Islamic texts as mentioned in Islamic jurisprudence and critical method to criticize some scholar’s points of view. The study revealed the confusion in rulings when accepting the free choosing between contractual liability and tort liability as the ruling of each differs and it’s impossible to consider both of them as one. It indicates that there is misunderstanding of the principles while attaching free choosing to reverse of the responsibility.