The tort liability of the transmitter of viral infection in light of Algerian Legislation
Keywords:
Tort liability, viral infection, infection transmitter, fault, damageAbstract
The negligence of a person infected with a contagious virus, and his failure to comply with the preventive and therapeutic measures imposed to prevent the transmission of the infection to others, may result in infecting third parties. Consequently, his tort liability arises, entailing an obligation to compensate the injured person for the damage suffered, including both actual loss and loss of profit, whether such direct damage was foreseeable or unforeseeable. However, this liability is based on fault, which must be proven by the injured party. In many cases, proving the fault of the person who transmitted the infection may be difficult, if not impossible, which may deprive the injured party of his right to compensation. This situation calls for adapting the general rules of fault-based liability and moving toward strict liability based on damage rather than fault, in order to ensure the injured party’s right to compensation.
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References
Law No. 75-58 of 26 September 1975, containing the Civil Code, Official Gazette No. 78, issued on 30 September 1975, as amended and supplemented by Law No. 05-10 of 20 June 2005, Official Gazette issued on 26 June 2005.
Executive Decree No. 20-69 of 21 March 2020, relating to measures for the prevention of the spread of the Coronavirus (COVID-19) pandemic and its control, Official Gazette No. 15, issued on 21 March 2020.
Executive Decree No. 20-70 of 24 March 2020, determining supplementary measures for the prevention of the spread of the Coronavirus (COVID-19) pandemic and its control, Official Gazette No. 16, issued on 24 March 2020.
Aayed Al-Khalaileh, Electronic Tort Liability, Dar Al-Thaqafa, Amman, 2005.
Abdelkader Al-Far, Sources of Obligation – Sources of Personal Rights in Civil Law, 1st ed., Dar Al-Thaqafa for Publishing and Distribution, Algiers, 2004.
Abdel-Rashid Mamoun, Causation in Civil Liability, Dar Al-Nahda Al-Arabiya, Egypt, 1985.
Abdel-Razzak Al-Sanhouri, Al-Waseet in the Explanation of Civil Law, Vol. 1, Dar Al-Shorouk, Egypt, 2010.
Abdul Madjid Al-Hakim, A Concise Explanation of Civil Law – Sources of Obligations, Legal Library, Baghdad, 2007.
Ahmed Mohammed Lotfi Ahmed, AIDS and Its Religious and Legal Effects, New University Publishing House, Egypt, 2005.
Ali Filali, Obligations – The Act Entitled to Compensation, 2nd ed., Mouvem Publishing House, Algiers, 2010.
Ankan Ahmed, The Medical Jurisprudence Encyclopedia, 1st ed., Dar Al-Nafa’is, Amman, 2000.
Fabry Astrid, Fruits from the Garden of Knowledge – Humans and Viruses: Is It a Lasting Relationship?, Abu Dhabi Tourism and Culture Authority, Abu Dhabi, 2012.
Karim Ashoush, The Medical Contract, Dar Houma for Printing, Publishing and Distribution, Algiers, 2011.
Khalil Ahmed Hassan Qaddadah, The Brief Explanation of Algerian Civil Law, 4th ed., National Office of University Publications, Algiers, 2010.
Mamdouh Mohamed Khairy Hashem, Tort Liability in Light of Modern Technological Developments: Faultless Liability in Civil Law – A Comparative Study, Dar Al-Nahda Al-Arabiya, Cairo, 2002.
Mohamed Hussein Mansour, Sources of Obligation, University Publishing House, Egypt, 2000.
Mohammed Abdullah Al-Dulaimi, The General Theory of Obligations, Open University, Libya, 1998.
Youssef Salah Eddin Youssef, Consequences of Contracting Infectious Diseases, Dar Al-Fikr Al-Jami‘i, Alexandria, 2007.
Amiri Farida, Hospital Liability in the Medical Field, Master’s Thesis in Law, specialization in Professional Liability Law, Faculty of Law and Political Sciences, Mouloud Mammeri University of Tizi Ouzou, Algeria, 2011.
Abdel-Salam Ahmed Bani Ahmed, “Tort Liability of the Carrier of Infection (Coronavirus) in Jordanian Law: A Comparative Study,” Alger University 1 Annals, University of Algiers 1, Algeria, Vol. 34, Special Issue: Law and the COVID-19 Pandemic, 2020.
Abdulaziz Abdul-Muati Alwan, The Extent of the State’s Obligation to Compensate for Damages Arising from the Coronavirus (COVID-19): A Comparative Study, Legal Journal, Faculty of Law, Cairo University, Egypt, Vol. 7, No. 3, 2020.
Ahmed Hussein, Criminal Liability for the Transmission of Coronavirus Infection (COVID-19), Journal of Judicial Ijtihad, Mohamed Khider University of Biskra, Algeria, Vol. 12, No. 2, 2020.
Al Ali Ahmed Ali Hassan; Al-Luhaybi Saleh Ahmed, A Legal Reading of the Novel Coronavirus (COVID-19), Journal of the Kuwaiti International College of Law, College of Law, University of Sharjah, United Arab Emirates, Issue No. 6, 2020.
Asmaa Hassan Amer, “Civil Liability Arising from the Transmission of the Coronavirus Infection,” Journal of Legal and Economic Studies, Faculty of Law, Zagazig University, Egypt, Vol. 8, No. 2, 2022.
Ben Omran Ahmed Youssef; Meshaa, Adel Saad, The Legal System of Civil Liability for Damages Caused by the COVID-19 Pandemic, Al-Asmeriya University Journal: Sharia and Humanities, Al-Asmeriya Islamic University, Libya, Vol. 34, No. 1, 2021.
Brabah Yamina, “The Objective Approach to Civil Liability.” Algerian and Comparative Public Law Journal, University of Relizane, Algeria, Vol. 7, No. 2, 2021.
Maki Abd al-Nasser Inas, Tort Liability Arising from the Transmission of Coronavirus Infection – A Comparative Study, Journal of the College of Law for Legal and Political Sciences, College of Law, University of Babylon, Iraq, Vol. 9, Special Issue, 2020.
Omar Ben Saad, “The Nature and Subject of Proof in Algerian Civil Law and Judiciary,” Afaaq Al-‘Uloom Journal, Zian Ashour University, Djelfa, Algeria, Vol. 4, No. 13, 2018.
Rehan Mahrous El-Sayed Ibrahim El-Fakharani, “Civil Liability for the Transmission of Viral Infection,” Journal of Jurisprudential and Legal Research, Faculty of Sharia and Law, Damanhour University, Egypt, No. 41, 2023.
Ahmed Abdul-Hussein Kazem Al-Yasiri, “Civil Liability for the Transmission of the Novel Coronavirus (COVID-19): An Analytical Legal Study Compared to Islamic Jurisprudence,” International Virtual Conference titled “The Impact of COVID-19 on the Health Level and Its Political and Legal Repercussions in the World,” Faculty of Law, University of Babylon, Iraq, 2020.
Kramer Laura, Overview of Viral Infections, Wadsworth Center, New York State Department of Health.
Official website of the Algerian Ministry of Health, https://www.covid19.santé.gov.dz , accessed on 02 September 2023.
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