Praise be to God, Lord of the Worlds, and peace and blessings be upon the trustworthy Arab Prophet, our master Muhammad, and upon his family, companions, followers, and those who follow him in righteousness until the Day of Judgment. Hereafter...

Undoubtedly, the starting point in civil legislation revolves around the reality of civil liability and the extent of its development and adaptation to contemporary challenges. It is the cornerstone of the legal philosophy of civil law, characterized by a duality: liability arising from the breach of an obligation originating from a contract, and liability arising from deviant conduct, violation of legal rules, and harm to others.

Jurisprudence in the past has tended towards the principle of the duality of civil liability, distinguishing between contractual liability and tortious liability in application. This continued until another jurisprudential trend emerged in the late nineteenth century, advocating for the unity of liability and disregarding the differences between these two types. Proponents of this view argued that any distinctions do not rise to the level of being a definitive separating line.

A breach of a civil obligation can occur for any reason. Obligation and right are two sides of the same coin; as rights multiply, so do obligations. This leads us to examine the most important element, which is the aspect of liability. It is the consequence or accountability, and it can be moral, criminal, political, or civil.

Liability, in general, is defined as: 'the state of a person who has committed an act that warrants accountability.' Civil liability (Responsabilité Civile), in particular, has been defined by jurisprudence as 'the legal status of a person who has committed a fault that resulted in harm to another person, their property, or their honor, making it possible to compel them judicially to compensate for this harm.' In another jurisprudential clarification, it was stated: 'Civil liability arises when an individual breaches what they are legally or contractually bound to towards others, and the penalty is compensation for the damage resulting from this breach.'

Civil liability, in both its contractual and tortious forms, remains one of the most prominent and important topics addressed by civil laws. It still requires further research and study, especially as it struggles to keep pace with continuous social development, and industrial, scientific, economic, and technological progress.

We find that the French legislator has responded to the necessity of updating legal texts to keep up with new developments and changes, including the sources and general provisions of obligations and proof. It has answered the call of legal jurisprudence for amendment, change, and reform by modifying the French Civil Code of 1804, under Decree No. 131 of 2016, published in the Official Gazette of the French Republic in issue No. 35, on February 11, 2016, which became effective as of October 1, 2016. This decree includes a larger and more extensive amendment to the core part of the Civil Code.

In this study, we will shed light on one of the two branches of civil liability, namely contractual liability (Responsabilité Contractuelle). It is a liability of a special nature, independent in its provisions and regulation from public liability. Additionally, its connection to the economic aspect and financial transactions between individuals gives it great importance. Undoubtedly, attention to this liability and its source leads to the preservation of the backbone of economic life and societal and moral financial security, especially since it also preserves the sanctity of the contract and protects the autonomy of the will and individual freedoms, particularly in an era where financial and economic relations have become complex, leading to conflicts of interest. This necessitates establishing clear controls for what follows the establishment of contractual relationships, especially the emergence of contractual liability under the umbrella of protecting rights and ensuring the smooth running of the economic wheel.

Accordingly, this study will address the concept of contractual liability, its source, elements, forms, basis, effects, the extent to which its provisions can be modified, special provisions, its legal regulation, the position of the judiciary, and the jurisprudential viewpoint. It will also be necessary to distinguish it from other civil liabilities, through a comparative study that includes Jordanian, Egyptian, and French legislation and jurisprudence, as well as Islamic jurisprudence where possible.

• ISBN: 9789923152171
• Weight: 0.800 kg
• Dimensions: 17×24 cm
• Paper: White
• Pages: 304
• Year of Publication: 2024
• Binding: Hardcover