Dr. Murad bin Sagheer
Professor Lecturer “A” in Civil Law
Faculty of Law and Political Science
University of Abu Bakr Belkaid
Tlemcen, Algeria

Dr. Maamar Bentria
Professor Lecturer “A” in Civil Law
Assistant Professor of Civil Law
College of Law
University of Sharjah, UAE

Abstract:

Civil liability provisions have witnessed great challenges in light of the increasing frequency of risks, increasing damages, and the consequential deficiency of civil liability rules in keeping pace with contemporary challenges. The notion of error as a basis for liability is no longer acceptable, nor is reliance on liability insurance sufficient to redress the damage which has reinforced the urgent and clear need, more than ever, to adopt more realistic and appropriate foundations for responsibility, which has already been established by Islamic jurisprudence through The responsibility of the direct or the culprit, as well as the rational system for guaranteeing blood money, in an exemplary and visible practical application that no one denies, proving the validity of Islamic Sharia truly and honestly for every time and place.
Hence our interest focused on studying the impact of the idea of social solidarity on the civil liability law by analyzing the intertwined and sometimes undeclared relationships between the “trilogy of responsibility – insurance – social solidarity” in the course of reforming the responsibility system and filling its shortcomings in the face of the growing risks, which are in our opinion, a tripartite, fundamental, and irreplaceable basis for aiding the victims of accidents taking place in our contemporary societies, which this research is analyzing and discussing in an analytical, critical and comparative study with the aim of demonstrating the contributions of social solidarity theory and its prominent role in redrawing the features of a model system for the civil responsibility system and approving a fair and reasonable compensation system for damages.
The research concluded that there is an imperative need to adopt this theory in modern liability systems, by adopting a plan to activate social solidarity mechanisms in its broad sense, i.e. the liability insurance system, direct insurance, well-balanced and special compensation funds, which in themselves constitute basic recommendations for developing liability systems and getting them out of the cycle of shortcomings they suffered from decades ago.

Keywords: civil liability, compensation, liability insurance, direct insurance, wise, compensation funds.

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