The Domain of Obligations and Civil Liability of Client and Lawyer arising from Personal and Other’s Act against Each Other and Third Parties in Islamic Jurisprudence and French Law

Abstract

Trust possession (Yade Amani) and the liability arising from encroachment and wastage and the lawyers obligation in observing the trust and expedience of the client and the status of the contracts that the lawyer has signed outside of the scope of his/her powers have been dealt with in Islamic jurisprudence. However, there is a little material regarding other obligations or the contractual civil liability arising from the breach of obligations or contractual liability arising from the delay in the fulfillment of obligations. While there is a third party presence in the attorney contract and sometimes despite the relativity of contracts the scope of the obligations extends to third parties and breach of any of these obligations fulfill the liability resulting from personal and other's act and third party. Therefore, the client not the only has contractual liability resulted from personal act toward the attorney or the other party of the contract, but sometimes contractually or tortiously liability is liable due to another’s act as well. Correspondingly, the lawyer has contractual liability arising from personnel act toward client and sometimes is liable toward the client or other individuals for other's act that is examined through a comparison with French law.

Keywords

• lawyer
• client
• responsibility
• obligation