The responsibility of the follower for the actions of his follower

The responsibility of the follower for the actions of his follower

The Saudi civil transactions system is one of the most important systems that has contributed to the stability of transactions between people and the reduction of judicial interpretations through clear legal texts based on Islamic Sharia and its comprehensive rules.

The system addressed issues of compensation for harmful acts, the conditions for the follower’s liability for the actions of his follower, and cases in which the follower is obligated to compensate the plaintiff for the damages caused by the follower.

What is the difference between a follower and a followed person?

Subordination is a relationship between two people, one of whom is called the follower, and he is the one who has the authority to supervise and command the follower.

The follower is subject to the follower’s orders and directives and implements the requests that the follower orders him to do, whether the relationship between them is work or care.

What is the responsibility of the follower for the actions of the follower in Islamic jurisprudence?

What is the responsibility of the follower for the actions of the follower in Islamic jurisprudence?

The well-known jurisprudential rule “the follower is the follower” is one of the most important rules in force in Saudi courts, and judges rely on it when issuing rulings.

The rule of the dependent means that something is dependent on others in existence and rule, so it is connected to it and follows it because of an employment relationship or something else.

An example of this is what the commercial judiciary has settled on regarding the merchant’s responsibility for the actions of his employees when they commit an error or negligence. 

What is the responsibility of the follower for the actions of his follower in the Saudi system?

Article 129 of the Civil Transactions Law stipulates the cases in which the follower is responsible for the follower’s actions, which are:

• The employer is obligated to compensate those affected for the mistake committed by the worker during his work period.
  •  For example, if a traffic accident occurs caused by the company’s driver during official working hours, the company is obligated to compensate the other party for the value of the damages that arose as a result of this accident.
• A guardian – who has been appointed by the court to supervise a deficient or incompetent person – shall bear responsibility for compensating for the damage caused by that person to others unless the guardian proves that he has fulfilled the duty of supervision or that the damage must have occurred even if he had fulfilled the necessary supervision.

What are the conditions for the liability of the follower?

What are the conditions for the liability of the follower?

Three basic conditions are required for the follower to be responsible for the follower’s actions:

• The existence of a relationship of dependency between the follower and the one who caused the damage “the follower”
• Error occurred by the follower.
• The follower’s mistake occurred while performing his work or because of this work.

When is the defendant entitled to seek compensation?

The defendant has the right to file a compensation claim against the follower for the material and moral damages caused by the follower, if the following elements of compensation are met:

• The occurrence of an error or infringement as a result of intentional negligence.
• Damage must have occurred due to this error.
• There must be a relationship between error and damage such as damage to the goods due to poor storage by the worker. 

What are the effects of the follower’s responsibility for the follower’s actions?

The follower bears responsibility for compensation for damages caused by the follower to others. However, the Civil Transactions Law gives the follower the authority to claim compensation from the follower and demand that he pay the compensation value to him because he is the main perpetrator of that act.

For example, a transportation company is obligated to compensate a dairy company for damage to the goods during transportation. The transportation company then has the right to demand that the driver pay it the compensation amount or deduct the compensation amount from his salary for neglecting his work.

 It is important to appoint a lawyer specializing in compensation cases who has experience in Saudi systems and the updates that occur to them to protect your rights and implement your obligations correctly.

A public defender from the office of Lawyer Abdul Majeed Al Rashid specializes in providing various legal services, including studies