Warranty and the principle of precaution and caution as a basis for civil liability arising from fire

Abstract

Recently, there have been many cases of fire that erupt in various things, whether they are movable or real estate, such as car fires, hotels, forests, agricultural lands and others. Undoubtedly, these fires and the damage caused by them are a fertile field for applying the rules of civil responsibility to them, but the difficulty lies in In rejecting the civil liability lawsuit resulting from the fire for a legal basis on which it is based. Where there are some cases in which the damage should be sufficient to provide protection for the damaged from the fire according to the theory of guarantee as part of the civil protection system, and this is specifically in every case in which the damaged person does not find someone to compensate him for the unknown source of the fire. On the other hand, as a result of industrial and economic development, many types of risks and damages have emerged, including fire that affects the individual. As a result of this development, another basis for civil liability has emerged, which is called liability without harm or preventive liability, which aims to avoid the occurrence of harm, which is based on the principle of precaution and caution.

In order to understand the aspects of the subject, we have divided the study into two sections, where we dedicate the first section to insurance as a basis for civil liability arising from fire. As most of the fire cases are due to the negligence of a certain party or person in taking the necessary measures to prevent the occurrence of these fires, and in most cases of fire it may be difficult for the judiciary to know the cause that led to its outbreak, so we have made some recommendations at the end of the study in order to address the previous cases The remembrance