Sunday, June 28, 2015

Articles from the Egyptian Civil Code on TORT

Article(221)  of the Civil Code provides that the judge will fix the amount of damages, if it has not been fixed in the contract or by law. The judge shall calculate damages based on the proprietor’s losses suffered and profits of which he has been deprived, provided that they are the normal result of the failure to perform the obligation or of delay in such performance."

Tort liability as per Article (163) of the Egyptian Civil Code (theCivil Code”), whereby every fault, which causes an injury to another, imposes an obligation to make reparation upon the person by whom it is committed. Thusthree elements must be present for tort liability to arise: (i) a fault or error (which may be either an act or a failure to act); (ii) damage to another; and (iii) a casual connection between the fault and damage."


Article 178 of the Egyptian Civil Code imposed a quasi-strict liability for injury caused by persons in charge of objects which require “special care” or supervision, unless that person proves that the injury resulted from a cause beyond control. 


Translation by Heba Musa


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