مدى إمكانية الجمع بين نظامي المسؤولية المدنية في القانون المدني الأردني

الملخص EN

The purpose of this study was at investigate the impact of the overlapping of the two civil liability systems ; in which were the elements and components of contractual civil liability and the harmful act (Torts) are combined in one act, and the resulting problematic emergence of this : the combination between these two systems, and the convergence of two ways of compensation.

the two researchers used the descriptive analytical / inductive approach based on depicting and highlighting the current situation and status of the problem of the study from all its aspects, In this study, the researchers focused on searching for the legal texts that govern and regulate each of the two responsibilities : contractual liability and the harmful act (torts), which required the researchers to analyze the relevant legal texts and refer to the jurisprudence and judicial opinions that dealt with this issue by analysis, in an attempt to derive solutions to the problem of overlapping contractual liability and the harmful act (torts),the research consists of two topics; the first dealt with the nature of combining the two systems of civil liability, while the second dealt with: the issue of the combining of two ways of compensation, and as a result of this study, the researchers reached a set of results represented that, despite the absence of the legislation that addresses this issue, but it contradicts the rules and legal principles well-established, and with other legal articles, and from here the most likely opinion of legal jurisprudence goes to the inadmissibility of combining the two civil liability systems, and the inadmissibility of combining compensation and the amount of insurance in the case of insurance on money and things in Jordanian law, and the permissibility of combining compensation and the amount of insurance in the state of insurance for persons, the inadmissibility of combining (al diya / blood money) and the amount of compensation, and the permissibility of combining compensation with the amount of social security.

based on the results, the researchers presented a number of recommendations and proposals to the legislative authority in Jordan, represented by the need for the Jordanian legislator to introduce legal articles within the Jordanian civil law that regulate and address the issue of combining the two civil liability systems explicitly, and also that the Jordanian legislator unifies provisions between the case of insurance on money and things and insurance on persons, eliminating the existing distinction between them ; by amending the text of article (926) of the Jordanian civil code so that it is consistent with article (948) of the same law.