نظرية الضمان القانوني كأساس لمسؤولية المتبوع عن أعمال تابعة

Abstract EN

The most important objective of civil liability is to compensate the victim of damages caused to him by third parties, whether the third person , human or animal the most accepted and comprehensive division of the majority of jurists who have followed it in dividing civil liability is that it is divided into two responsibilities: contractual (or contractual) liability and tort liability , stochastic liability is a responsibility whose source is the "contract", while tort liability is: responsibility arising from the "law", civil liability has evolved in general, and tort liability in particular, and this is due to the increasing manifestations of activity on the one hand; and changes in economic conditions on the other, and the human effort itself is not enough to achieve its purposes, it must use the activity of others, and may be caused to other damage arising from an act initiated or issued under his supervision, if a person commits a harmful act that causes harm to another, the injured person has the right to claim compensation for the damage caused by this unlawful act, the basic principle is that a person is only asked about his actions and what he commits is mistakes, he can not bear the consequences of other acts , and all this in accordance with the provisions of the rules of responsibility, and according to the provisions of Islamic law to bear the human damage caused by himself, which we see in the provisions of Islamic law has laid down basic rules in the extent of human suffering of the damage that is caused by, based on what the verse indicates , Al-Fatir, verse 18 , and many other verses in the abode , for certain considerations, the laws, together with this type of responsibility - and an exception to the original - have established human responsibility for the work of others, the reason for this is to protect the victim by making it easier for him to obtain compensation, since the person responsible for the work of others is often more left-handed than the torturer, and the injured is the weak side, this responsibility is subject to two types of provisions: the responsibility of the supervisors of those under its care and the responsibility of the person responsible for the acts of the subordinate.

Therefore , the responsibility of those who follow the actions of the subordinate - an exception to the original - is necessitated by the necessity of modern civic life, and for the purpose of reparation, the most often asked is the follower; because it is often more left than the subordinate due to its importance, which has been expanded due to economic and industrial development, the question may be asked on the basis of such a responsibility; the jurists differed as to the nature of this responsibility, is it personal responsibility directly or is it not personal ? according to this difference emerged a set of theories called for the theory of a group of jurists to take as a basis for the responsibility of the follower, but the problem is not what has been mentioned; it is in the determination of the rules for the liability of the defendant for the acts of his subordinate, which obligates the defendant to compel the damage caused by his subordinate to third parties by claiming compensation for others because he is responsible for his follower, it is up to us to clarify the question that we shed light on the most modern legal theories accepted as a basis for the responsibility of the followers of the work of the follower in the present time, and the safest application in Islamic jurisprudence as a responsibility for the work of others, and the most reassuring to protect the injured from the harm of others and left to receive compensation from the stronger side, which is at the expense of the weaker side is the subordinate, with the guarantee of the return of the follower on the follower, including within it; in accordance with this principle - the guarantee - .

Accordingly, we prefer to divide this study into three chapters preceded by an introduction, followed by a conclusion that includes our findings and proposals.