Civil liability in its traditional form assumes the existence of a person responsible for the damage who is obliged to pay compensation based on the concept of fault. The perpetrator of the fault is the one who must pay compensation. However, this concept is entirely unsuitable for physical harm, especially if the physical harm results from an unknown cause, or if the defendant proves that an external factor severed the causal link between the fault and the damage.

While the function of compensation—as a general rule—is to repair the damage by satisfying the injured party and attempting to restore them to the state they were in before the damage occurred, for compensation to fulfill this function, it must be fair, covering all elements of the damage, and prompt. Physical harm is not of a single degree or nature but is multi-faceted.

Consequently, the provisions of traditional liability may often be incapable of providing an effective guarantee for the physically injured to obtain fair compensation. Therefore, modern jurisprudence in the field of compensating the physically injured has highlighted two theories:

• First: The Theory of Bearing Responsibility (Strict Liability)
  The essence of this theory is that the one who causes the damage bears the burden of compensating for it, based on the principle that a person must bear the risks of their actions and behaviors, regardless of whether their action involves a fault or not. This is an application of the principle that with gain comes risk.
• Second: The Guarantee Theory
  This theory is based on the idea that every individual in society has the right to stability. If an infringement on their right to physical integrity occurs due to a cause not of their own making, it constitutes an unlawful harm requiring compensation. Society must guarantee compensation for physical injuries affecting its members, as it is the right of the injured not to have their bodily integrity violated, and the right of the harm-doer to conduct their activities and perform lawful acts.

• ISBN: 9789957167622
• Weight: 0.800 kg
• Dimensions: 17×24 cm
• Paper: White
• Pages: 352
• Year: 2012
• Binding: Hardcover