The theory of certainty to compensate for damages of unknown origin in tort liability A comparative study

Shawwat, Hussein Obeid

doi:10.63677/jqlap.2025.186715

The theory of certainty to compensate for damages of unknown origin in tort liability A comparative study

https://doi.org/10.63677/jqlap.2025.186715

Volume 16, Issue: 1 part 1
Winter 2025

Pages 691-714

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

hussein obeid shawwat

College of Law, Al-Qadisiyah University

Abstract

A harmful act may be committed by a group of people without identifying the direct perpetrator of the harm, so all members of this group are entitled to compensation for the harm, because the certainty that each one of them has in common with the others is their participation in committing the harmful act.
It is worth noting that the theory of certain fate has been adopted by jurisprudence and criminal justice, but within the scope of civil law it has never been proposed, as no civil jurisprudence or civil judiciary has proposed this theory, so it is our turn to present this theory as a solution to the problem under study, especially since the theory that we adopt is based on foundations of justice, legal logic, and Sharia.
In order to cover all aspects of the subject, we will divide the study into two sections. In the first section, we will address the problem of compensating for damages of an unspecified source in tort liability. As for the second section, we will study the theory of certainty as a solution to the problem of compensating for damages of an unspecified source.

Keywords

The theory of certain fate

compensation for damages

tort liability