المسؤولية المدنية في إثبات خطأ المحامي و الضرر الناشئ عن إفشائه للسر و التعويض عنه : دراسة مقارنة

Abstract EN

The secret that affects the interest of the contractor is the basis from which the idea of commitment to confidentiality emerged.

The commitment to confidentiality is considered a means to protect the secrets transmitted between the two parties to the contract, as they exchange information on the occasion of the contract with confidential information that has an impact on the interest of one of them, which requires not disclosing this information and working to keep it confidential, which generates The matter establishes a contractual obligation of confidentiality on the shoulders of the contractor who has accessed this information, as the survival of this information circulating between the parties to the contract without protection threatens the interest of the contractor, which ultimately affects the interest of society and undermines the confidence among its members in dealing with each other, especially as contemporary societies are moving towards concluding important contracts With high financial value and entering into major economic projects that have a great impact and importance On the sustainability of social and economic life The contractual error in general occurs when the debtor does not implement his obligation arising from the contract, and in the legal profession, the contractual error occurs when the lawyer breaches his obligation arising from the contract between him and his client.

The lawyer's mistake is the behavior that he commits while practicing his profession and that results in violating the laws, laws, customs and traditions of the profession, or breaching the principles of honor and integrity, in which the client suffers from moral or material harm.