المسؤولية المدنية عن نقل فيروس كورونا المستجد للغير : دراسة تحليلية تأصيلية في القانون الكويتي

الملخص EN

This study deals with the civil liability for transmitting the novel coronavirus (COVID-19) to third parties according to the Kuwaiti Law.

It is divided into an introduction, two sections, and a conclusion.

We attempted in the introduction to define the new virus, explain how it is transmitted, and how to prevent such transmission.

In the first section we discussed the remedies available for transmitting the virus in light of principles of delictual liability and its constitute elements: fault, damage, and causal link.

Further, we considered whether the damages may be compensated on the grounds of the liability for personal acts or the liability for the actions of others.

In the second section we dealt with the civil liability for transmitting the virus according to the Islamic principle of the state guarantee of injury inflicted on the human body.

In the first segment of this section, we examined the wrongdoer’s direct guarantee of damages and concluded the absence of the basic condition for this type of guarantee, i.e.

direct infliction of harm.

In the second segment we discussed the state’s secondary guarantee for physical harm resulting from transmitting the virus.

The study is concluded with the most important findings and observations we drew from the discussion.

Also, a set of recommendations are highlighted with regard to the questions we raised throughout the study.