مدى لزوم (الخطأ)‎ كركن من أركان المسؤولية التقصيرية في مشروع القانون المدني الفلسطيني : دراسة تحليلية

Abstract EN

There are two major trends in negligence liability, the first is personal direction founded and leaded by Latin School legal thinking, the second is the modern substantive direction rooted in Islamic Jurisprudence.

The committee members raised controversy during the preparation of Palestinian civil law draft on error necessary as an element of negligence liability within its provisions specially articles (179-180).

A minority requested abolishing article 180, but it remained.

The study clarified the concept and components of error in order to show it was necessary as an element of negligence reliability in the Palestinian civil law draft.

It also considered the extent of action refraining as encroachment requiring accountability of error committer.

It was founded that the bill adopted the personal theory in negligence liability and the necessity of the error as an element of such liability in Palestinian civil law draft and that there was no conflict between articles (179) and (180) as they were accorded.

Action refraining was considered an encroachment which requires accountability of declined person.

Some other findings and recommendations were included as well.