المسؤولية الموضوعية من حيث الأساس والتطبيق

عبد المقصود, محمد شعيب محمد

doi:10.21608/jdl.2021.209799

	المسؤولية الموضوعية من حيث الأساس والتطبيق
مجلة الدراسات القانونية والاقتصادية
Article 12, Volume 7, Issue 2, December 2021, Page 917-949 PDF (1.74 MB)
Document Type: المقالة الأصلية
DOI: 10.21608/jdl.2021.209799
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Author
محمد شعيب محمد عبد المقصود
أستاذ مساعد بقسم القانون - مدير الشؤون الأکاديمية کليات الخليج -المملکة العربية السعودية
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).
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)


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