"Discussion on Article 334 of the Civil Code" مقالة

ملخص الجهاز:

Of course, the word "negligence," given the broad meaning that can be attributed to it, is a conventional and customary matter that courts can, in cases where the compensation for the victim's loss is seek, by considering the conditions of time, place, local custom, and habit for each of the actions of the owner or possessor of the animal that had an intervention and influence in the occurrence of the damage, assign such a title. Second-A harmful act resulting from the animal In order for the victim to be able to claim compensation for their loss from the owner or possessor of the animal, they must prove that, in addition to the owner or possessor having been negligent in the care of their animal, the specific act of the animal also caused the occurrence of that damage and that no other external elements intervened. Because otherwise, meaning in cases where it becomes clear that the animal causes damage under the influence of another force, whether it be the act of a human or otherwise, according to the latter part of this article, in any case—meaning whether the owner or possessor of the animal has been negligent in its care or not—the perpetrator of the harmful act is recognized as liable. In this part of the article, the meaning of the phrase "in any case" is that whether the owner or the possessor of the animal has been negligent in its care or not, they will not be liable in a case where the act of another person caused the damage; and here, the word "someone" includes both a third party and the victim themselves.