Liability and compensation for the harmful act
The issue of liability for and compensation for harmful acts is one of the important issues that concerns many people in the Kingdom of Saudi Arabia, as the primary goal of this case is to protect the rights of the person harmed by the damages he suffered as a result of harmful acts, and to provide justice and appropriate compensation for this damage It is worth noting that the Kingdom of Saudi Arabia is at the forefront of the world in terms of working seriously to establish and develop systems and legislation that protect the rights of citizens and residents in its land. The Kingdom recently issued the Civil Transactions System, which aims to regulate the provisions of contracts and financial transactions between individuals, as well as the provisions related to liability and compensation for harmful acts arising in the Kingdom In this article, the provisions regulating liability and compensation for harmful acts will be presented in detail as a contribution, in addition to the redoubled efforts the Kingdom is witnessing to enhance this liability and consolidate it in the sound legal and moral behaviors of individuals and society, in a way that limits the damages resulting from wrongful and harmful acts, in accordance with what is stated in the Civil Transactions Law.
About the Civil Transactions System
The Civil Transactions Law is a set of general rules and regulations that aim to regulate the provisions of contracts and financial transactions between individuals. The law governs all civil transactions. Unless there is a special law regulating private transactions, the specific text is the key.
The system aims to enhance the stability of transactions, reduce the reasons for invalidating or terminating contracts, and expand contractual freedom. The basic principle in contracts and conditions is validity and permissibility. This is in line with the rapid development witnessed by the Kingdom, which requires flexibility in establishing contracts. It also aims to protect individual ownership, as protecting ownership contributes to increasing economic activity.
Among the most prominent provisions included in the system are the provisions for compensation for damage in the event of an act by a person that caused damage to others, such as damage to property or damage to oneself, and clarifying the rules that determine the amount of compensation to which the injured party is entitled, and making the civil transactions system the right to compensation for damage, including compensation for lost profits If the injured party is waiting for a real gain or real profits and then another person harms him until he misses out on this real gain, the injured party has the right to claim compensation for the missed gains. The court can compensate him to the extent that he missed out on a gain. The Civil Transactions Law has also established the right to compensation for moral damage. If a person suffers psychological damage or damage to his reputation due to an assault or action by another person, the injured party has the right to compensation The system in this regard is in line with recent experiences in this regard.
A person’s responsibility for his harmful act
First of all, it should be noted that the provisions of liability arising from a harmful act in Saudi Arabia, which will be discussed in detail below, apply to a person with a natural (individual) or legal (establishment) capacity in the Kingdom. Civil liability does not prejudice criminal liability, and the penalty has no effect in determining the scope of civil liability and determining compensation.
Regarding a person’s liability for his harmful act in the Kingdom of Saudi Arabia, the Civil Transactions Law has confirmed that any mistake that causes harm to another obliges the person who committed it to compensate, and that if the harmful act was directly his, the harm is considered to have arisen as a result of that act, unless the evidence provides otherwise.
It is worth noting that a person is responsible for the harmful act whenever it is committed by him and it is distinctive. However, if the damage occurred by a non-distinguished person and there is no one responsible for the damage or it is not possible to obtain compensation from the person responsible, the non-distinguished person is required to obtain appropriate compensation estimated by the court.
Also, whoever causes harm while in a legitimate defense of a soul, honor, or money is irresponsible, provided that his defense does not exceed the amount necessary to repel the assault, otherwise he is obligated to compensate to the extent that the court deems appropriate.
Whoever causes harm to another in order to avoid greater harm to himself or others shall not be obligated to compensate, except to the extent that the court deems appropriate.
It is worth noting that a person is not liable if it is proven that the damage arose from a cause in which he had no hand, such as force majeure, the fault of others, or the fault of the injured party, unless otherwise agreed.
Also, a public employee shall not be liable for a work that has harmed others if he performs it in implementation of a statutory text or an order issued to him by his superior, whenever obeying this text or order is obligatory upon him, or if he believes, for acceptable reasons, that it is obligatory, and if he proves that he had reasonable reasons that made him believe in the legitimacy of the work he has done, and that he took into account the aspect of caution and care in his work.
On the other hand, if there are multiple persons responsible for a harmful act, they shall be jointly and severally liable for compensation for the damage. The court shall determine the share of each of them in compensation in accordance with the rules contained in this chapter. If this is not possible, the liability shall be equally between them.
However, if the injured party participated in causing the damage through his mistake or increased it, his right or some of his right to compensation is forfeited, in proportion to his participation in it.
Liability and compensation for the harmful act
A person’s responsibility for a harmless act
The Civil Transactions Law affirms that whoever is obligated by law, agreement, or judiciary to supervise a person due to his young age or mental or physical deficiency is responsible for the damage caused by that person, unless the person in charge of supervision proves that he has performed the duty of supervision with the necessary care, or that the damage had to have occurred had he performed this duty with the necessary care.
The follower is also responsible towards the injured party for the damage caused by his follower through his mistake while performing his work or because of this work, if the follower has actual authority to monitor and direct the follower even if the follower is not free to choose his follower.
The person who paid compensation for the person from whom the damage occurred in the two previous cases shall have the right of recourse against him within the limits within which that person is responsible for compensating the damage.
Liability for damage caused by objects
The animal keeper is responsible for compensating for the damage caused by the animal, unless it is proven that the damage was caused by someone who had no hand in it. The building keeper is also responsible for compensating for the damage caused by the demolition of all or part of the building, unless it is proven that the damage was not caused by negligence in maintenance, or by an old or defective building.
In addition, anyone who guards objects that require special care by their nature or in accordance with regulatory texts to prevent their damage is responsible for the damage caused by those objects, unless it is proven that the damage was due to someone who had no hand in it.
Anyone who is threatened with harm from a specific thing may also demand that his guardian take the necessary measures to ward off his danger. If he does not take these measures in a timely manner, the person threatened by the danger may obtain the court’s permission to take them at the owner’s expense. In urgent cases, he may take the necessary measures without the court’s permission.
A person who has actual authority over something, whether by himself or through someone else, even if the guardian is not distinguished, is considered the guardian of the thing. It is assumed that the owner of the thing is its guardian unless there is evidence that the guardianship has been transferred to someone else.
The use of the right to public benefits is also restricted to the safety of others. Whoever uses his right to a public benefit and causes harm to others that can be avoided is responsible for that harm.
Liability and compensation for the harmful act
Damage compensation controls
Compensation shall be in a way that fully compensates for the damage, by returning the injured party to the situation in which he was or could have been had the damage not occurred.
The damage for which the person responsible is obligated to compensate is determined to the extent that the injured party suffered a loss and missed a gain, if this was a natural result of the harmful act, and it is considered so if the injured party was unable to avoid it by making the reasonable effort required by the circumstances of the case from the usual person.
Compensation for a harmful act includes compensation for moral damage. Moral damage includes any sensory or psychological damage that befalls a person of natural character, as a result of harming his body, freedom, honor, reputation, or social status. The right to compensation for moral damage does not transfer to a third party unless its value is determined by a regulatory text, agreement, or judicial ruling. The court estimates the moral damage that befell the injured party This takes into account the type and nature of the moral damage and the person of the injured party.
It is worth noting that compensation is estimated in cash, and that the court may, depending on the circumstances and based on the injured party’s request, order compensation in kind or to restore the situation to what it was, or to order a specific matter related to the harmful act.
It is also permissible to award compensation in installments or in the form of arranged income. In both cases, the court may order that the debtor be obligated to provide sufficient security.
Likewise, if the harmful act results in serious damage that makes it impossible to return the item to the intended use, the injured party may retain it or leave it to the injured party and claim compensation in both cases.
If the court is unable to estimate the compensation in a final manner, it may decide on a preliminary estimate of the compensation, while preserving the right of the injured party to demand a review of the compensation estimate within a period specified by it.
If the damage was caused to the soul or less, the amount of compensation for the injury itself is determined in accordance with the provisions of the guarantee estimated in Islamic law for crimes against the soul or less.
Finally, a claim for compensation arising from a harmful act shall not be heard if three years have passed from the date on which the injured party became aware of the occurrence of the damage and who was responsible for it. In all cases, the claim shall not be heard if ten years have passed from the date on which the damage occurred.
However, if the compensation claim arises from a crime, it is not forbidden to hear it as long as the criminal claim is not forbidden to hear it.
Liability and compensation for the harmful act
The office of Attorney Abdul Majeed Al Rashid provides legal representation services on behalf of individuals, companies and institutions. Our extensive knowledge and professional experience, along with our great attention to the smallest details in legal representation before
No comments