اسس المسؤولية التقصيرية بين النظرية التقليدية و الحديثة

Abstract

This study examines the foundations of tort liability between the traditional theory based on fault and the modern theory based on strict (objective) liability, highlighting the evolution of the foundations of civil liability and their adaptation to contemporary developments. The study found that the fault-based theory, despite its importance, is no longer sufficient in certain cases where proving fault is difficult, particularly with the increasing complexity of modern risks. It also emphasized the role of objective liability in enhancing the protection of injured parties by focusing on damage, the concept of guarantee, and risk-bearing. The study concludes that the contemporary legal approach seeks to reconcile both the traditional and modern foundations in order to achieve a balance between protecting victims and ensuring justice.