نحو تكريس أساس جديد للمسؤولية المدنية للوالدين عن فعل أولادهما القصر : دراسة قانونية مقارنة

Abstract EN

Most of the legislation stipulates that parents are responsible for the action of their minor children within the provisions of the civil law and specifies the conditions and basis of this responsibility, which is considered a personal responsibility, that the person in charge of control bears.

The latter may deny his responsibility based on a simple presumption, which makes those affected by this act unable to claim compensation.

That made some comparative legislation and judicial jurisprudence in their solutions and the opinions of the Religious Scholars tend to say that it is necessary to adopt appropriate legal solutions for the various developments taking pace at all levels.

This should be based on the foundation of this responsibility on an objective theory in which the mistake of the minor cannot be taken into account, this responsibility cannot be denied except by proof of force majeure or the fault of the injured.