مسؤولية المدين العقدية عن فعل الغير - دراسة تحليلية -

The debtor's responsibility towards the creditor is based on every breach of his contractual obligation, whether emanating from him or from those whom he sought to be by his side in implementation - his assistants or substitutes - which is known as contractual liability for the actions of others or liability without the fault of the debtor. Does the Civil Code include an explicit text that establishes this liability as a legal fact? Listed in the section on contractual liability or not?

To answer this, we dealt with a clear presentation of its concept, leading to its legal organization, as the specificity of the subject required reliance on the analytical approach that explains the content of the legal texts in some Arab legislation and French law, and the projection of their provisions on this responsibility.

Keywords: The Debtor - Substitutes – Breach - Contractual liability - Others.