Conditions for the Realization of Civil Liability Arising from Breach of Contract in Afghan Law

Abstract

Civil liability arising from breach of contract is one of the significant and challenging issues in Afghan law, where ambiguities in determining its conditions have led to legal disputes and complexities in interpreting relevant legal provisions. This article analyzes contractual civil liability and the necessary conditions for its realization, such as non-performance of obligations, existence of damage, causation, and the effect of the obligor's fault. The purpose of this research is to clarify concepts and propose solutions to reduce legal disputes and enhance order in contractual relations. The importance of this subject lies in strengthening public trust in the legal system and balancing the rights and obligations of contracting parties. The research methodology used in this article is descriptive and analytical, relying on provisions of the Afghan Civil Code and comparing them with theoretical perspectives to explore various dimensions of the subject. The findings indicate that contractual liability in Afghanistan's legal system is fundamentally strict, and fault is not required for its realization unless cases of force majeure, the act of the injured party, or the intervention of a third party exempt the obligor from liability.