Privacy of the provisions of civil liability of the investor.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

We found through research that the majority of countries need investment contracts, because they play an important role in the economic development process of the host countries, as it enables them to exploit their resources, but investment contracts are long-term contracts that may change the circumstances of their conclusion from the conditions of their implementation, so they need mechanisms that govern the stability of the contract such as the principle of legislative stability and non-prejudice. Civil liability arises when a person breaches what he has committed to third parties by law or agreement,  The penalty is compensation for the damage resulting from such a breach, and if the law provides a penalty for the individual to do what he has forbidden, or for his failure to do what he has obliged, that is criminal liability. Otherwise, the damage caused to third parties is the scope of civil liability. The civil liability of the investor is divided into contractual liability and tort liability, and social studies have shown that the sovereignty of tort liability over contractual liability, Some have attributed this to intellectual, social and economic reasons. It is also those causes that have developed tort liability from liability based on damage - and in limited cases where it is not realized - to making the fault a cornerstone of it, and then the appearance of the presumed error, whether presumed to prove the contrary, or otherwise. As for contractual liability, it is that which arises from the breach of the contractor's obligation. As for negligence, it is the one that results from the damage caused by the individual to others through his fault. Therefore, we have to distinguish the limits of these two liabilities, in order to set the limits of the investor's contractual liability.

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