مدة إشتراط الخطأ في المسؤولية التقصيرية في التشريع الإماراتي

دراسة مقارنة

Abstract

The basis for tort liability was not a place for the agreement between the various legislations. This foundation has raised a wide-ranging controversial jurisprudence that is reflected in two main forms. The first trend is the personal orientation established by the legal thought of the Latin school and that based on the idea of error. The second trend is the modern objective trend, which has its roots in Islamic jurisprudence and is based on the idea of harm.

This research is based on a statement that explained the needs of the corner of error as a cornerstone of tort liability which can be visible under the UAE civil transactions and the Egyptian Civil code which sparked a dispute between the UAE Civil Law and the Egyptian Civil Code as a result of considering the idea of error as one of the elements of tort liability.