Beta
209799

المسؤولية الموضوعية من حيث الأساس والتطبيق

Article

Last updated: 22 Jan 2023

Subjects

-

Tags

القانون المدني

Abstract

Objective liability is a development of civil liability, based on damage, rather than based on fault, since if the fault does not cause harm, it is not considered a reason for liability. In addition to the fact that proving the error (the erroneous liability) and causing it to cause the damage is severe hardship for the injured if he is unable to prove it (the elements of tort liability) his right to compensation is lost. But in some modern applications, harm may occur to a person and it is difficult to prove this error and the causal relationship with the harm. Here it is confirmed that the traditional theory is not valid to prove responsibility and the creation of a new basis (that responsibility is based on the harm instead of the error). Rather, every rule governing a particular matter must Evolve in order to achieve control over the matters and the facts regulating them. What supports the validity of the application of Objective Liability is the need to apply it to some damages resulting from errors that are difficult to prove in the abstract or to prove a causal relationship to the damage. Therefore, it is necessary to know what the objective responsibility is, the basis on which it is based, the conditions for its application and the extent of its agreement with Islamic law. And a review of some recent applications of objective responsibility (refusing to rescue - artificial intelligence damage - product defects - the obligation to ensure safety - pollution damage by nuclear waste).

DOI

10.21608/jdl.2021.209799

Keywords

And a review of some recent applications of objective responsibility (refusing to rescue, artificial intelligence damage, product defects, the obligation to ensure safety, pollution damage by nuclear waste)

Authors

First Name

محمد شعيب محمد

Last Name

عبد المقصود

MiddleName

-

Affiliation

أستاذ مساعد بقسم القانون - مدير الشؤون الأکاديمية کليات الخليج -المملکة العربية السعودية

Email

-

City

-

Orcid

-

Volume

7

Article Issue

2

Related Issue

29503

Issue Date

2021-12-01

Receive Date

2021-11-01

Publish Date

2021-12-19

Page Start

917

Page End

949

Print ISSN

2356-9492

Online ISSN

2735-5527

Link

https://jdl.journals.ekb.eg/article_209799.html

Detail API

https://jdl.journals.ekb.eg/service?article_code=209799

Order

12

Type

المقالة الأصلية

Type Code

786

Publication Type

Journal

Publication Title

مجلة الدراسات القانونية والاقتصادية

Publication Link

https://jdl.journals.ekb.eg/

MainTitle

-

Details

Type

Article

Created At

22 Jan 2023