Analogy in civil law and its role in governing the new cases- self driving cars as model.

In this paper, the author found that the analogy in the Egyptian civil law, although not explicitly stipulated within the official sources of the legal rule, but it was included in the last source, which is natural law and the rules of justice, that is applied in the civil law with the same controls that were developed in Roman law and in the Islamic jurisprudence. Actually, there is no analogy when there is a text, the rule justification in the original case (المقيس عليه) must be achieved in the new case (المقيس) and no analogy on an exceptional provision. The applications of analogy - in the Egyptian legal system - have appeared clear in legislation, jurisprudence and judiciary, and these applications have been consistent with its controls, provided that, justifications are the same between the two judgments, the absence of a text governing the issue and the judgment of the original case is not exceptional. By analogy, the author was able to derive a provision of liability for damage caused by self-driving cars, after contemplating the texts on the rules of this liability to identify what is appropriate for this type of damage from the forms of tort liability, and I found that the closest is the responsibility of the machinery guard, as self-driving cars achieved the cause for which the legislator singled out guarding machines by a special provision, and as long as the justification was achieved and the measured judgment was not exceptional, the analogy is correct