أحكام المسؤولية التقصيرية كأساس لمسؤولية المنتج عن فعل المنتجات المعيبة

الملخص EN

The liability of the tort producer shall be in case of breach of the legal obligation not to harm others,andthis liability is the responsibility of the producer in the event of the circulation of a defective or risky product and harms others.

If the fault must be proved in the general rule in the non-contractual field, the development of the industry and the complexity of the products have complicated the proof of the responsibility of the producer and obstructing the injured to claim for damages.

Thus, the role of the judiciary has emerged in its intervention to facilitate the injured person's compensation in his confrontation of the producer through the expansion in the definition of obligations, which its breach leads to producer responsibility and facilitate its demonstration in the first stage, and then added objective character to this responsibility by removing the idea of error to be replaced of the idea of guarding a nonliving things and later by the idea of guard fragmentation in the second stage