الخطأ المستحق للتعويض في القانون الجزائري دراسة مقارنة بالفقه الاسلامي قانون المرور نموذجا

Abstract

The error is a malicious act that is achieved because of a breach of a legal rule or abuse of the right, based on two pillars, the first of which is physical and the deviation is not considered in the assessment of this element to the internal circumstances, other than the foreign ones taken into account, and that the burden of proof falls on the plaintiff, The mistake is cases where the cases are denied. These cases are in the case of necessity, the legitimate defense and the state of execution of the orders of the president. All these provisions are in accordance with Islamic jurisprudence, The Traffic Law is one of the legitimate purposes which aims at preserving the money and the self that the Shari'a has come to preserve. Based on this, compliance with the rules of traffic is a safeguard for these lofty purposes. Whoever violates the rules of traffic and falls into the forbidden is responsible, because harming others in themselves and their wealth is prohibited by law. And the compensation shall vary according to the consequent death or disability, as approved by Islamic law and positive law