Civil liability of electricity companies arising from electrocution cases

Authors

  • Dr. Nasir Albala'wi

Keywords:

civil law, civil liability, guardian of things, responsibility of electricity companies, compensation for dangerous things.

Abstract

The aim of this study is to identify the basis of civil liability arising from the electrocution of electricity companies as guardians of their electrical installations, which are among the things that require special attention according to the Jordanian Civil Law. A distinction is made between responsibility for personal action, responsibility for things and the burden of proving responsibility. There are many and many cases of stunting, and the forms of error and the responsibility are also mixed. Whereas, the Jordanian legislator did not deal with this case and left it to the general rules, which makes it difficult to deduce its elements. Therefore, the study found that the Jordanian legislator established responsibility for the personal act on the basis of the damages, and did not base it on the fault. And that the Jordanian judiciary took the principle of actual guarding of something and not the principle of legal guarding. The study recommended the necessity of individuals with special provisions dealing with the civil liability of things with the General Electricity Law and amending the provisions of the Jordanian Civil Law to include a special standard to distinguish between responsibility for personal action and responsibility for things.

References

- Mustafa Al-Awaji, Civil Law, Part Two, Civil Liability, Al-Halabi Human Rights Publications, 3rd edition, 2007 CE, Lebanon, pp. 2-10.

- Suleiman Morqos, Al-Wafi in Explaining the Civil Law in Obligations, Dar Al- Kutub Al-Qanuni - Shatat Egypt for Human Rights Publications, Beirut, Lebanon, 5th edition. P. 1.

- Abd al-Latif al-Husayni, Civil Liability for Professional Mistakes, Al-Halabi Human Rights Publications, Beirut 1987, 1st edition, p.

- Atef Al-Naqeeb, The General Theory of Responsibility for Doing Things, Aweidat Publications, Beirut, 2009, p. 84.

- Abdul-Razzaq Al-Sanhouri, Mediator on Explaining the Civil Law, p. 781.

- Moawad Abdel TawabMoawad, The Guard Cases, Ramadan Sons Press, Alexandria, 1997, p. 22.

- Abdul Razzaq Al-Sanhouri, Contracts Received from Work, Previous Reference, P 787.

- (Muhammad al-Bakri, The Judicial Guard in the Light of Jurisprudence and the Judiciary, Mahmoud Publishing and Distribution House, Cairo, 1997, p. 10.

- Muhammad Al-Rahho, The Idea of Guarding in Civil Responsibility for Living Things, A Comparative Study of the International Scientific Publishing and Distribution House and the Culture House for Publishing and Distribution, Amman, 2001, i 1, p. 53.

- Abdel-Rahman Ahmed Shawky, Responsibility of the Follower as a Guardian, Modern Arab Press, Cairo, Egypt, 1976, p. 62.

- Hasan Al-Thanoon, simplified in explaining the law of responsibility for things, Wael Publishing House, Amman, 2006, 1st edition.

- Bassam Al-MuhtasebBellah, Civil and Criminal Medical Liability, Dar Al- Iman, Beirut, 1984, 1st edition, p. 120

Downloads

Published

2021-12-30

How to Cite

Albala’wi, D. N. . (2021). Civil liability of electricity companies arising from electrocution cases. The Journal of Contemporary Issues in Business and Government, 27(6), 354–359. Retrieved from https://cibgp.com/au/index.php/1323-6903/article/view/2188

Issue

Vol. 27 No. 6 (2021): The journal of contemporary issues in business and government

Section

Articles

License

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

You are free to:

  1. Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
  2. Adapt — remix, transform, and build upon the material for any purpose, even commercially.
  3. The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  1. Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
  2. No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .

No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.