المسؤولية عن الأضرار التي تلحق بالغير من أعمال البناء في القانون المدني الأردني

الملخص EN

This research deals with liability for damage sustained by third party as a result of construction works under Jordanian civil law.

In an analytical approach it, envisage all related civil law provisions, as well as those harms attached to property and the neighboring land owner’s authorities.

The scope of this research also covers liability under tort.

The research shows that, the wide concept for liability adopted by the Jordanian legislator confers the injured party a considerable chance to get appropriate compensation for his damage.

However, liability of the construction’s guardian offers limited potential in this regard, since this liability is a fault-based doctrine, and the defendant can escape it by proving that no fault has been committed.

As for liability among neighbors, Jordanian civil law considers any infringement on the property or the owner’s authorities as trespass and stipulates the abatement of such trespass and compensation thereof, as well as provides liability for gross damage sustained by the neighboring owner.

The study concludes that the injured party for construction works is legally protected by some doctrines that allow his to get due compensation, but under different requirements with different outcomes.

Moreover, Jordanian legislator do not provide rules for anticipatory prevention of damage, these legal deficiencies require special rules for construction contracts and works.