Tort Fault in the Saudi Transaction Law A Comparative Study

Abstract

Tort liability is considered a source of obligation to compensate, which is based on the idea of wrongdoing. It is a civil liability, not a criminal one. All legislation has taken care to regulate its provisions because of their impact on the obligation to compensate. The victim must prove that the aggressor owes him a “duty of care,” and when it is done... Violation of this duty occurred in fault as a basis for tort liability. The research paper focused on clarifying the two standards on which the element of fault is based, and identifying cases of absence of the element of fault in three Arab laws, the first of which is a modern one whose issuance dates back to last year, which is the Saudi Civil Transactions law. The second is ancient and took great care of this pillar, which is the Egyptian Civil law, and the third is older, which is the Moroccan law of Obligations and Contracts.