الامتناع الخاطئ عن تقديم المساعدة والمسؤولية المدنية المترتبة عليه

Abstract

Refrain from providing assistance to a person exposed to the risk of threats to his life or his money or his honor, is a negative phenomenon collide with the values and ideals, which dominates the healthy society, and threaten the cohesion and inconsistent with the rules of religion, morality and conscience of mankind and social solidarity. Responsibility is not confined to the omission by law but may also be due to omission imposed on him by customs and duties of religious and moral principles that live under the shadow of the person and the prevailing within the community, which was still a certain no matter how many of the legal rules, it declined to act imposed by upon these duties and values, have been abused and answer tough questions, which makes the point that man's relationship with other sound straight balanced abstract from selfishness, to settle coexistence between the upright members of society and the relations among them. These religious obligations inflict moral and social status of the positive legal effect equal footing with him, but differed with him a source.And our belief in the importance of the topic (not to mistaken for assistance), and our support for the view accountable to who refused to help, we hope to Musharana civil to be recognized explicitly in the texts of the civil law by the civil liability upon failure of a person for providing assistance to a person at risk - according to the conditions and controls remind them later - and not just only by reference to the general rules for the adoption of civil responsibility, and the desire to highlight the specificity and importance of this subject on the one hand, and to bury differences and jurisprudence that have arisen around him on the other. guided by the views of the majority of Muslim jurists and the organization of French law.