الخطأ المربح ماهيته، وخصوصية الجزاء المترتب عليه في نطاق المسئولية المدنية: دراسة تحليلية مقارنة في القانون الفرنسي والمصري

الملخص EN

Recently, we have witnessed a noticeable spread of the phenomenon of profitable faults, the seriousness of which is that the perpetrator seeks to achieve illegal profits at the expense of the injured person, deliberately intending the result that he planned in advance.

This research examined the subject of profitable fault through two chapters: The first chapter dealt with the definition of profitable fault.

The second chapter dealt with the specificity of the sanction resulting from a profitable fault within the scope of civil liability.

This is in light of a comparative analytical approach in Egyptian and French law.

The research concluded by recommending the necessity of the Egyptian legislator intervening to complete the step initiated by the constitutional legislator, by approving the principle of punitive compensation and organizing it in detail, in the light of the effectiveness of this sanction to confront the phenomenon of profitable faults and deter those who commit them.