Extent of the assumption of fault in civil liability "A comparative study"

Abstract

This study identifies the extent of the assumption of error in civil liability, and indicates
the adequacy of civil legislation in establishing liability on the basis of the supposed lag
through the identification of the general provisions of liability that are based on the
assumed error, and the clarification of the assumed error that is based on a simple
presumption and is capable of proving the opposite and the presumed error that is based
on a conclusive presumption that cannot prove the opposite, the conditions for
achieving the responsibilities based on an assumed error were clarified, as well as the
legal basis on which these responsibilities are based. It also aims to clarify the
difference between the position of Jordanian law that established tort liability on the
basis of damages, and between the Syrian law that established it on the basis of error
and an indication of the appropriateness This is to adopt the theory of the supposed
error in the two legislations, and the position of the Jordanian Court of Cassation on the
assumed error has been clarified, and since that the position of Islamic jurisprudence has
been clarified of the responsibilities that were established on the supposed error.
The study resulted in a number of results, the most prominent of which was that the
Jordanian legislator deviated from the general rule established for responsibility on the
basis of the assumed error, contrary to the general rule which it establishes on the basis
of damages, and that the Jordanian legislator established it on the basis of a supposed
error that is capable of proving the opposite and at other times on The basis of a
supposed error is not capable of proving the opposite, despite the fact that Islamic
jurisprudence has dealt with these responsibilities in a detailed and inherent way, and so
did the Syrian law when it deviated from the general rule of responsibility, which is
based on the fault of the duty of proof and established it on the basis of the supposed
error.