نظرية المخاطر و تأثيرها على الخطأ كأساس للمسؤولية التقصيرية

Abstract EN

Before the nineteenth century, the theory of risk did not exist, as tort liability was based on the pillar of error and damage and the causal relationship between them in accordance with the general rules of civil responsibility.

However, these rules are no longer sufficient due to the tremendous development of societies and the entry of machines and the establishment of factories and others as a result of the industrial and technological revolution in the end of nineteenth century.

It became difficult for the aggrieved to prove the fault of the person responsible for the damage, if not impossible, which prompted the jurists to search for another basis on which the liability is based to ensure the right of the aggrieved to make reparation, without resorting to proving the error The aim of this study is to shed light on the theory of risk and its repercussions on the error as an essential pillar for establishing the tort liability.

where did we reach at the end to a set of important results, the most important the inadequacy of the general rules of tort liability to guarantee the right of the injured party to compensation in light of the increasing damages, which caused the regression of the error, which is a cornerstone of the tort liability