The impact of insurance on the development of the civil liability system: A comparative study
Keywords:
Civil Liability, Fault, Compensation, InsuranceAbstract
This study aims to investigate the impact and evolution of liability for tortious acts (civil liability) in light of the emergence and proliferation of insurance. It focuses on analyzing the extent to which the development of insurance contributes to altering the internal equilibrium of the civil liability system, thereby paving the way for the principle of compensation and guarantee, rather than solely focusing on fault and penalizing the perpetrator, as traditionally advocated by civil liability. In practice, fault loses its significance once insurance is applied in the realm of individual liability, leading to a gradual decline in the concept of fault and a shift from personal liability to objective liability, which relies on guarantee or risk as a result of scientific and industrial advancements.
References
Alain Decocq, Alfred Dinsing, translated by Karam Shafiq, Studies in Compensation for Contractual and Tort Liability, Dar Al-Jalil for Publishing, Lebanon, 1991.
Boudali Mohamed, Product Liability for Defective Products, Dar Al-Fajr for Publishing, Algeria, 2005.
Genevieve Viney, Comprehensive Treatise on French Civil Law, 1st ed., University Publishing Institution, Lebanon, 2011.
El-Desouki, Mohamed Ibrahim, Assessment of Compensation Between Fault and Damage, Al-Ma'arif Establishment, Alexandria, 1980.
Al-Rifai, Mohamed Nasr, Damage as a Basis for Civil Liability, Dar Al-Nahda for Publishing, Egypt, 1978.
Al-Zuhaili, Wahba, Theory of Daman or Provisions of Civil and Criminal Liability in Islamic Jurisprudence, Dar Al-Fikr, Damascus, 2008.
Al-Zarka, Mustafa, Harmful Act and Guarantee Therein, 1st ed., Dar Al-Qalam, Damascus, 1988.
Zaki, Mahmoud Gamal El-Din, Problems of Civil Liability, vol. 2, Cairo, 1978.
Al-Sanhouri, Abd El-Razzaq, Theory of Obligation, Sources of Obligation, Unlawful Act, Publishing House for Universities, Egypt, 1964.
Al-Sanhouri, Abd El-Razzaq, Explanation of Civil Law, Aleatory Contracts, Al-Halabi Publications, Lebanon, 2011.
Suleiman, Ali Ali, Studies in Civil Liability in Algerian Civil Law, Diwan Publications, Algeria, 1994.
Shanab, Mohamed Labib, Liability for Things, 2nd ed., Al-Wafa Library for Publishing, Cairo, 2009.
Arabi, Belhadj, General Theory of Obligation in Algerian Civil Law, vol. 2, 4th ed., Diwan Publications, Algeria, 2007.
Al-Awji, Mustafa, Civil Law, Vol. 2, Civil Liability, 3rd ed., Al-Halabi Publications, Syria, 2008.
Fathi Abdel Rahim, Studies in Tort Liability, Al-Ma'arif Establishment, Egypt, 2002.
Filali, Ali, Compensable Acts, 2nd ed., Dar Mofem for Publishing, Algeria, 2010.
Qandil Marwa Mahmoud, Liability of Sales Representatives in Product Marketing: A Comparative Study, Al-Wafa Library, Alexandria, 2011.
Mokaddam, Saeed, Insurance and Civil Liability, 1st ed., Darclic for Publishing, Algeria, 2008.
Youssef, Amir Farag, Civil Liability and Compensation Thereof, University Publications House, Egypt, 2006.
Fronçoi Terré, Philippe Simler, Yves Lequette. Droit civil les obligations. édition dalloz.2005.
Gabriel Marty, Pierre Raynaud. Droit civil. Les obligations. 2eme édition.sirey.paris.1988.
Yvonne Lembert.Faivre. le droit du dommage corporel.systemesdindemnisation. édition dalloz.1990.
Constant Eliashberg. risques et assurances de responsabilite civile. 4eme édition.largus delassurance2002.
Khaled Rif'at Al-Faqih, The Contract of Guarantee in Islamic Law: The Issue of Guarantee (Health Insurance), Doctoral Dissertation, Saint Joseph University, Jordanian University Dissertations.
Khaled bin Ahmed Al-Busaidi, Compensation Claims in Jurisprudence and Their Judicial Applications, Master's Thesis, Faculty of Graduate Studies, University of Jordan, 2005.
Al-Sarhan, Adnan Ibrahim, Unlawful Act (Damage) as a Basis for Tort Liability (Obligation of Daman) in Islamic Jurisprudence and Jordanian Civil Law, Research Paper published in Al-Manara Journal, Issue 2, Volume 2, Yarmouk University Library Database Publications, 1997.
Ameiri Farida, Liability Without Fault: A New Direction Towards Establishing Liability of Public Medical Facilities, Academic Journal of Legal Research, Volume 01, Issue 1, University of Bejaia, Algeria, 2018.
Published
How to Cite
Issue
Section
Copyright (c) 2025 Babaammi Hadj Ahmed
This work is licensed under a Creative Commons Attribution 4.0 International License.
Allows users to: distribute and copy the article; create extracts, abstracts, and other revised versions, adaptations or derivative works of or from an article (such as a translation); include in a collective work (such as an anthology); and text or data mine the article. These uses are permitted even for commercial purposes, provided the user: gives appropriate credit to the author(s) (with a link to the formal publication through the relevant URL ID); includes a link to the license; indicates if changes were made; and does not represent the author(s) as endorsing the adaptation of the article or modify the article in such a way as to damage the authors' honor or reputation. CC BY
