تقدير التعويض عن الخطأ

Abstract EN

The error is one of the pillars of civil liability in both nodal, tortious and sometimes basis and did not know the wrong legislator and left to jurisprudence, it should be worth noting the amount and the amount and the error that requires compensation, error is indicative of the deviation from behavior and breach of duties and requirements of public caution and caution In addition to that the professional person adheres to the scientific or technical rules dictated by the principles of his profession and is based on the adoption of a typical behavior in which he commits himself in his behavior and behavior in a familiar manner The usual person is committed to it, making it more careful for the average person to know him, his experience and the weakness of the possibility of issuing a professional error.

- The degree of error varies between a simple error and a serious error and a mistake of great gravity and placed behind him the responsibility to build on the damage suffered by a person injured and deserved compensation to redress that damage caused by the error and so everything that falls from the person who belongs to his profession out of the ordinary Which imposes on him the assets of his profession falls under the penalty of professional error, which entails compensation to redress the injury suffered by the injured Compensation is one of the necessary means to redress the damage caused by the error, but it has undergone several developments and changes over the past centuries with different legal systems and appeared in primitive times and different from the principle and form of compensation and a cycle of reparation and the extent of the position of the Sharia glue compensation and a mix of financial sanctions, Guarantee and compensation criteria, as well as the difference in modern legal systems in estimating the time, how and the amount of compensation for reparation, the injured person has the right to claim compensation for harm caused by a mistake.

If a person is harmed by a professional error, For the responsibility of the error and damage and causal relationship.

In order to do so, the injured person shall resort to the means prescribed by law to bring a claim before the courts to claim compensation for the harm he suffered.

- The judge has discretionary power in the consideration of the compensation action, especially with regard to the assessment of compensation, and is not subject to the control of the Court of Cassation except in respect of the availability of the elements of the assessment of compensation or not.

If the responsibility is established, the judge must award compensation in favor of the victim.

- Compensation is required to fully force the damage, including expected damage, unexpected damage and future loss of opportunity.

- In order to do so, the judge may avail himself of all the means prescribed to him.

If a number of the wrongdoers participate, their responsibility for this error shall be liable to each of them, unless it becomes apparent that the fault of one of them is totally unrelated to the harm suffered by the injured person.

His responsibility is gone.

- It is worth mentioning that the injured person has the right to waive the claim for damages.

However, this waiver must be after the damage, but before it occurs, it is not permissible because the responsibility in the Egyptian law according to the origin is a tort liability related to public order.

- All the above mentioned points will be discussed in the overall advanced research.