The tort liability arising from the act of the animal in the Yemeni and Egyptian laws

Abstract

The possessor of the animal, even if he is not its owner, is responsible for the harm caused by the animal, even if the animal has gone astray or leaked from it, unless the possessor proves that the occurrence of the accident was due to a foreign cause that he had no hand in ().
The rules of tort liability that have settled in modern civil laws are not considered a product of the moment, but rather the product of successive and successive stages of development and modernization on the part of the drafters of the laws in pursuit of the private interest of those affected with the aim of facilitating and facilitating their obtaining compensation that compensates them for the damages arising from the works illegal. Responsibility for the wrongful act does not exist in any way except on the basis of error, so there is no responsibility without error, and to clarify the nature of the assumed error of the possessor, the law considered negligence and lack of due diligence among the established evidence that does not accept proof of the opposite, meaning that the possessor cannot evade Away from responsibility by establishing evidence that he did not make a mistake, or that he exercised the usual necessary care in what an ordinary man does.
Therefore, Islamic countries worked to approach their laws in a manner consistent with the provisions of Islamic law, especially in the matter of tort liability arising from the act of animals in terms of emphasizing and organizing them in Arab legal legislation such as civil laws such as the Egyptian law, which is considered the origin of these legislations, and the Yemeni law.
The Yemeni legislator has regulated the tort liability arising from harming others in Article (315) of the Yemeni Civil Code, as it stipulates that: “The owner of the animal, even if he is not its owner, is responsible for the damage caused by the animal due to his negligence, even if the animal was lost or leaked from him, unless It is proven that the accident was caused by a foreigner who had no hand in it.” ( )
As for Islamic jurisprudence, the guarantee of an act according to them corresponds to the tortious liability in the jurisprudence of civil law, and then includes under the guarantee of the act all acts of transgression, usurpation, consumption, directness, and causing.

The tort liability arising from the act of the animal in the Yemeni and Egyptian laws