الخطأ في المسؤولية التقصيرية : فلسطين نموذجا

Abstract EN

The error was the central focus of all the topics which examined and analyzed in this article so the search was initially about the responsibility which is the error method is the basis for in terms of its concept and nature, and researching the diversity of systems to the default responsibility, which is what interests us here.

Therefore, we came at the beginning of our conversation about tort liability, which is the act is the primary source of it, so we clarified what is meant by Responsibility, and after that we mentioned the sections of responsibility, which are civil responsibility, which in turn is divided into (contractual and negligent) and criminal responsibility, and then we worked to indicate in a simple way the historical stages that the responsibility went through.

Besides responsibility, we have found that some countries, such as Jordan, operate with what is called a guarantee, which differs from responsibility in terms of Nature, the nature of responsibility aims to take account of a perverse act, regardless of the exact description of the act, but the nature of the guarantee implies a belief that it exists in order to reach the optimum goal of reparation.

Regarding the error, we have mentioned how the error appeared in this article, and now we have defined it, stated its criteria, and indicated its types and their explanation are: (civil error, criminal error, objective error, and moral error).

As for the descriptions of the error, it is described as it may be an intentional error, or an unintentional error, as it is also called a semi-crime.

Looking at the size of this error, we find that it is in three sizes, either as a grave mistake committed only by a little intelligence, or an error an easy path committed by the ordinary person, such as if the breach of an obligation is not of great importance, or a trivial error, which may not be taken into account because of its small size and in the latter we showed the pillars of the error represented by two pillars: the physical pillar (transgression), and the one whose perpetrator is aware of its results, That is, he intended harm in his act, and the moral pillar (discrimination) that responsibility does not exist except by its existence, so it does not create the physical pillar alone, as it may not exist This distinction in causes may be beyond the control of man, such as (madness, youthful age, disease of death).