International Journal of Legal and Comparative Jurisprudence Studies

Volume 2 - Issue 2 (3) | PP: 103 - 122 Language : العربية
DOI : https://doi.org/10.31559/LCJS2021.2.2.3
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Censor's responsibility who are obliged to control its control limits of article (288) of the civil code

Sadam Hussein Youssef Alrahamneh
Received Date Revised Date Accepted Date Publication Date
20/5/2021 27/6/2021 8/7/2021 15/9/2021
Abstract
The study aims to identify the censor's civil liability, the basis and nature of the censor's liability, qualifications required to satisfy him/her, whether they were legally identified, and the degree to which the censor's liability for remediating the damages in the case of an illegal act by those who must monitor and define the legal means to which the censor was responsible. individuals who, under Article (288) of Jordan's Civil Code comparable to Egyptian Law, need to monitor and specify the legal means in which the aggrieved party is recourse to receive compensation from illegal action. The study reached a set of results, the most important of which are: that the Jordanian legislator gave the right to the injured party to recourse to the subject under supervision, whether he/she was discerning minor or not, with full compensation for the damage. The Egyptian legislator distinguished between two instances in which the supervisory authority has recourse to those they must control whether the person under supervision has achieved the age of consent or not, as the legislature prohibited the censor from referring to the nondiscrimination person. The study recommended that: It would be preferable for the Jordanian legislature to change the phrase (damages) in Article (256) of the Civil Code to (unlawful damages), so that the term losses does not become a general term that encompasses both legitimate and illegal damages. Also, the phrase “leading to harm” contained in Article (257) of the Jordanian Civil Code is not necessary, given that causing will lead to harm, as well as the stipulation of intentionality and infringement, given that intentionality is synonymous with infringement, and the legislator had to suffice with infringement, since infringement is more general and more comprehensive.


How To Cite This Article
Alrahamneh , S. H. Y. (2021). Censor's responsibility who are obliged to control its control limits of article (288) of the civil code . International Journal of Legal and Comparative Jurisprudence Studies, 2 (2), 103-122, https://doi.org/10.31559/LCJS2021.2.2.3

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