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Civil responsibility in the Saudi system .. Elements and conditions

The pillars and conditions of liability, where civil liability is based on a general rule, which is that the debtor, by his act or omission, has caused harm to others, and that he is responsible for redressing that harm. presumed", and accordingly; In order for liability to be realized, its conditions must be met, represented by the error on the part of the debtor and the damage to the creditor, in addition to the causal link between the error and the damage, meaning that the damage must be the result of the error. Accordingly, the conditions and elements of responsibility for the action or harmful act are the error, the harm, and the relationship or causal link between the error and the harm.


The error in contractual responsibility is based on the differentiation between two types of obligation, namely, the obligation to achieve a goal or the result of the "carrier's obligation", and the obligation to take care of the "doctor and lawyer commitment", where the person in the obligation to achieve a result is responsible if the desired result is not achieved unless it is proven that Force majeure or a foreign reason is the reason for not achieving that result, while the doctor is exempt from responsibility when he proves that he performed his duty and took the care of a professional person who involves the usual normal amount of vigilance, caution and foresight so as not to harm others. If he deviates from this behavior, This was a mistake that deserves his responsibility, whether it was a deliberate or unintentional mistake. The error that necessitates liability is not required to be intentional. The goal is to redress the damage, and this is what the Administrative Appeals Court went to in its judgment No. 519/4 for the year 1435 AH, where it was stated in the rationale of the judgment that the error is an abstract fact that is self-contained. arising from it, regardless of the motive for falling into this error, because lack of intent is not an excuse preventing responsibility if its pillars are found. As for determining whether the act is a mistake or not, it is subject to the oversight of the Court of Cassation in all cases, and accordingly, the error is a breach of a legal duty, with the violator aware of this breach. Here it should be noted that one of the obligations to compensate for the damage when there is a fault in the right of the debtor is that the fault of the damage did not involve the fault of the debtor.

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