الخسارة الاقتصادية المحضة الناجمة عن الإهمال و التعويض عنها في القانون الإنكليزي : دراسة مقارنة

الملخص EN

Pure economic loss is a type of damage arising from tort in general and negligence, in particular, included in the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts.

This law covers three main types of damage: physical damage, psychiatric damage resulting from nervous shock, and economic loss which is sub-categorized into consequential and pure losses.

Formerly, English courts objected to the compensation for pure economic loss, but it later changed its refusing position regarding this type of damage by permitting its compensation, according to judicial precedents.

As for the comparative law which includes the Federal civil transactions law No.

5 of 1985 of the United Arab Emirates and the Egyptian civil law No.

131 of 1948, as well as the Iraqi civil law No.40 of 1951, it did not provide for this type of damage explicitly, but it can be substituted for by the general rules in these laws regarding the full-compensation of physical damage.