الطفل عديم التمييز المتضرر من فعله و الحق في التعويض

Abstract EN

The undiscriminated child who is affected by his or her action and his right to the compensation.

The article 127 of the Algerian Civil Code stipulates the foreign cause in which he has no link.

The fault of the injured person is one of these foreign causes.

When the injured person is harmed and this is the result of his Public fault.

he will he deprived of complusation as a general principle.

The sound mind refuses that the wrong actor a cause of his injuring and to claim compensation for this damage and to attribute the responsibility of the wrongdoing to the other side.

If the victim is an undiscriminated child without discrimination, are we prepared to treat him as a mistake and therefore deprive him of compensation, or is he compensated, and therefore the accused is not exempted from liability? In this regard, the jurisprudence, the judiciary and the legislation differed.

This is what we will show in accordance with the following plan: The first topic: the position of jurisprudence on the act of the victim without discrimination.

The second topic: The position of the French judiciary on the act of the non-discrimination victim.

The third topic: the position of the Algerian legislator on the act of the victim without discrimination.