المسؤولية المدنية للخبير القضائي : دراسة مقارنة في القانونين القطري و الفرنسي

الملخص EN

The function of the judicial expert is to assist the judge in understanding technical issues that he cannot understand or judge with personal information.

otherwise, his judgement is invalid.

given its importance in resolving technical issues, legislation has given particular importance and regulated it both procedurally and objectively.

under law no.

16 of2017, the Qatari legislator recently legislated the organization of the work of expertise applied in conjunction with the provisions of the civil and commercial procedure law no.

31 of 1991, which regulates the procedures of expertise.

the problem with this research, within framework of a comparative study between Qatari and French laws, is whether the judicial expert submitted a report containing a technical error, or departed from the rules that he must abide by in the performance of the court-mandated, which resulted in harm to an adversary.

can this opponent - in addition to appealing against his judgement - file a civil liability suit against the expert, to claim compensation for the harm he has suffered, or not? if so, what is the nature of this responsibility? what are the conditions for the success of this case? the success of this case requires that the litigant prove the expert’s fault, the damage done and the causality between these two matters.

in addressing this problem, we have followed a comparative analytical approach, where we have extrapolated texts to extract partial solutions from the judgments of the judiciary.

we also followed the comparative approach to take advantage of the solutions that the French judiciary found applicable in Qatari law.