The Civil Liability of the Causer "Comparative Study"

Year: 
2010
Discussion Committee: 
Supervisors: 
Dr. Ali Sartawi
Authors: 
Rana Najeh Taha Dawass
Abstract: 
In this study, I discussed the Civil Liability of the Causing, Subject causing themes of Islamic law strictly, which did not have sufficient research compared to actually initiation, So the researcher in this study clarified the legal standards and jurisprudence that need to know in order to redress the damage caused by the wrongful act caused, each all in two chapter, the first chapter is dedicated to what is causing the comparative law and Islamic jurisprudence, in which the two sections, the first definition of damage cause and the statement of its forms, also the discrimination causing about initiation and assess the distinction between them, while the second section, I discussed the conditions causing by examining the reflection of the law to abuse and discrimination about the causing in terms of the concept of infringement cases Legality of infringement in causing, and I discussed the liability for causing non-discerning person. The second chapter is dedicated to the provisions of the civil liability of causing in a causal relationship within the natural law philosophy and all that in two sections, as explained in the first section the standard of causation by talking about theories of causation in Western jurisprudence and civil law, also to highlight the objective of causation through the access to the special provisions of the causing and stop at these provisions in civil law, while in the second section dealt with the impact of the researcher to prove causal relationship and denied for the reason of the foreign, including force majeure and act harmed, and act others, about the liability of the causing. Finally, I put a conclusion to recorded my various deductions, and observations about applications jurisprudence, also the statutory laws regarding the civil liability of the Causing.
Pages Count: 
143
Status: 
Published