Al-Mukhtar Journal of Legal Sciences is an open-access journal published by Omar Al-Mukhtar University. The journal aims and Scope publishing research in all fields of Legal Sciences.
Copyright of the articles Published by Al-Mukhtar Journal of Legal Science (MJLs) is retained by the author(s), who grant MJLs a license to publish the article. Authors also grant any third party the right to use the article freely as long as its integrity is maintained and its original authors and cite MJLs as the original publisher. Also, they accept the article remains published by the MJLs website (except in the occasion of a retraction of the article).
Reflections on Combating Corruption Crimes at the International Level
Combating corruption is essentially an international process reflected in legislation at the national level. Therefore, this research contribution attempts to provide a panoramic picture of the concept of corruption at the international level and the efforts related to combating it in this field. Researching the origins of things is the best way to understand them, identify the objectives they have, and know specifically what we want to gain from joining international arsenals related to combating corruption. Do we need to adopt all these international arrangements in order to prevent and prosecute corruption crimes? This raises a fundamental problem in the possibility of borrowing these efforts by countries that have never known a true democratic life. Will borrowing these arrangements bear fruit and will they be useful, or is it simply a matter of adopting international arrangements like this without understanding them or even digesting them before borrowing them?
Copyright (c) 2025 kamal hassan, Mashaallah Alzwae, Adel Dalaf (Author) https://creativecommons.org/licenses/by-nc/4.0
Formal and Substantive Controls of the Financial Leasing Contract and The Effect of Invalidity in Its Complex Nature
This research examines the financial leasing contract as a complex contract involving complex financial and legal elements, combining the characteristics of leasing, ownership, and financing. This makes it an effective tool for supporting investment and enabling beneficiaries to benefit from assets without the need for immediate ownership. The study focused on the formal and substantive conditions necessary for the conclusion of this contract, such as the necessity of writing as a legal requirement and the availability of the essential elements of contracts, including consent, subject matter, and cause. The research also addressed the issue of invalidity resulting from breaching these conditions and the resulting legal consequences. The research relied on Law No. 15-2010 on financial leasing, which came to frame this type of contract in a comprehensive legal manner, clarifying its limits and conditions of validity, thus achieving balance and protecting the stability of financial transactions.
Copyright (c) 2025 Alnaji Younus, Rabeea Mohammed (Author) https://creativecommons.org/licenses/by-nc/4.0
Implementation of The Judgment Issued to Cancel the Administrative Decision Due to Illegality (A Comparative Study)
The research addressed the issue of implementing the annulment ruling, using a comparative approach that combined the Libyan and Egyptian systems. It concluded that the administrative judiciary is well-established in that the jurisdiction of the administrative judge in an annulment suit is limited to annulling the unlawful decision, and does not extend to replacing the administration, issuing orders to it, or obligating it to implement the ruling in a specific manner. The administration's obligation to implement annulment rulings is subject to judicial oversight exercised by the courts. The Libyan system has been greatly influenced by the Egyptian system, in confronting the administration's refusal to implement annulment rulings. The research's most important recommendations are embodied in the call for the Libyan legislator to stipulate that the administrative judiciary must communicate with the administration regarding the implementation of administrative annulment ruling.
Copyright (c) 2025 osama haweel, Rabbea Fathullah (Author) https://creativecommons.org/licenses/by-nc/4.0
Evaluation of The Objective Criminal Policy of Law No. (6) Of 2024 Regarding The Criminalization of Witchcraft, Sorcery, Divination and its equivalents
This study provides a critical assessment of Libyan Law No. (6) of 2024 criminalizing witchcraft, suggesting it needs serious review. The study demonstrates the ambiguity of the protected legal interest, the text's lack of precise definitions of the terms "witchcraft," "sorcery," and "divination," its failure to differentiate between gratuitous and profitable activities. Nevertheless, the study acknowledges some positive aspects of the legislation, including the criminalization of preparatory acts, attempts to dry up the sources of crime, and strengthen the protection of religious and social values. It concludes that a comprehensive reformulation of the law is necessary, graduated and humane penalties, and judicial review mechanisms to achieve a sound balance between protecting public order and safeguarding fundamental rights and freedoms.
Copyright (c) 2025 Jazeeh Shayteer (Author) https://creativecommons.org/licenses/by-nc/4.0
The Authority of Establishment and Constitution-Making: An In-Depth Study in Light of Public Law Jurisprudence
The constituent authority enjoys broad powers when drafting a new constitution. It can abandon an existing political system and adopt the economic approach it deems appropriate for society. The original constituent authority is extralegal in nature, which explains why it is not subject to any legal basis, given that it is established during periods of legal vacuum. Despite the spread of democratic ideas in the modern era, which advocate that sovereignty resides in the people or the nation, the truth of the ideas put forward regarding the definition of the holder of constituent authority cannot be denied and cannot be refuted in practice. This means that the constituent authority is not restricted to these methods. In other words, it is possible to use any of these methods, or it is possible to combine them, or to use a description that has not been used before
Copyright (c) 2025 Mhmod Aead, Ezeddin Mohamed (Author) https://creativecommons.org/licenses/by-nc/4.0
The Right of Victims of Natural Disasters to Receive Humanitarian Assistance in Light of Public International Law
Providing humanitarian assistance in the event of natural disasters is a fundamental right for the victims of these disasters، and a necessary duty that requires providing everything necessary to confront them and address the effects that the state finds difficult to address alone، regardless of its capabilities. The right to receive humanitarian assistance is closely linked to other human rights، and its recognition is a result of the implementation of these rights، as it represents the basic guarantee for the enjoyment of human rights in the event of crises and disasters. Given the urgent need to obtain assistance resulting from this exceptional circumstance، and to ensure that the provision of humanitarian assistance in the event of natural disasters does not affect the sovereignty and territorial integrity of the affected state، the provision of humanitarian assistance is regulated by a set of principles that must be adhered to while performing this humanitarian duty.
Copyright (c) 2025 Nouria Almagrif (Author) https://creativecommons.org/licenses/by-nc/4.0
The Ruling On Marriage with The Intention of Divorce (A Jurisprudential Study)
This study included the concept of legitimate marriage that is in accordance with the intent of the Lawgiver from marriage, and the difference between it and similar corrupt marriages, such as temporary marriage and tahlil marriage, and clarified the evidence and sayings of the predecessors on that. This study also dealt with the essence of its subject, which is marriage with the intention of divorce, in terms of: the concept, the ruling, and the sayings and fatwas of the scholars of the predecessors and successors on this marriage, and indicated the opinion that the soul is reassured by and the heart is inclined towards, and is based on strong arguments that are based in their origin on the evidence of the Qur’an and Sunnah, and the objectives of the Lawgiver in legislating marriage. In conclusion, this study dealt with the most important results and recommendations that the researcher reached.
Copyright (c) 2025 salim adrees (Author) https://creativecommons.org/licenses/by-nc/4.0
The Legal System for The Promotion of University Faculty Members in Libya: A Critical Analytical Look
This is a critical analytical study of the legal system for the promotion of faculty members in Libyan universities. It examines both the texts and the practical reality, by presenting the general foundations of their promotion system, according to a research plan based on three chapters. The first presents the nature and characteristics of the promotion of university faculty members. The second is devoted to examining the procedural processing of promotion requests. The third addresses the conditions and requirements for applying for promotion and processing them. The research concludes that the entire legal system for the promotion of university faculty members must be reviewed. It must also adopt an electronic submission system when requesting promotion. It must also reconsider the composition of the Faculty Affairs Committee, encourage publication in university journals, adopt a points system in evaluating research, and create a suitable research environment in Libyan universities.
Copyright (c) 2025 saad alabbar (Author) https://creativecommons.org/licenses/by-nc/4.0
Provisions of Air Carrier Liability in Libyan Law and International Treaties
When regulating air transport regulations, national legislation and international agreements have sought to outline the legal provisions governing the air carrier's liability for accidents. This is done with the aim of providing fair protection for the victims of such accidents and ensuring their right to compensation commensurate with the extent of the damages they incur. This study addresses the legal regulation of air carrier liability in both domestic and international transport. It outlines its legal basis and scope, as one of the most important issues raised regarding air carrier liability. This study, in light of the issues, identifies the circumstances in which the carrier may be exempted from liability. It also demonstrates the extent to which the legislator has been able to strike a balance between the interests of carriers on the one hand and those affected by the incident on the other.
Copyright (c) 2025 abeer abdella (Author) https://creativecommons.org/licenses/by-nc/4.0
General Provisions for Committees Emanating from The Bank's Board of Directors
Given the complexity of banks' activities and the scale of their relationships and transactions, this has placed additional challenges on bank boards of directors. The banking governance codes, followed by many legislators and central banks, recommend the creation of several specialized committees in specific areas, such as auditing, risk management, remuneration assessment, and governance, attached to the Board of Directors. These committees are tasked with organizing and facilitating the work of these boards, improving their efficiency, transparency, and compliance with governance principles.
Copyright (c) 2025 Walid Dardour (Author) https://creativecommons.org/licenses/by-nc/4.0
Legal and Criminal Confrontation of Usurious Transactions
This study deals with the confrontation methods of Islamic Sharia and criminal law of usurious transactions, which have increased significantly and are noticeable in recent times, and the reason is due to the financial liquidity crisis resulting from the collapse of the political power and economic structure of the Libyan state, so that people are forced to borrow regardless of the value of the interest imposed on them. Be that as it may, the research needed to deal with this question in both its religious and legal aspects, in order to show the characteristics of the approach of each of them to limit or prevent usurious transactions. How has Islamic Sharia dealt with this issue, and what is its approach to it, and how has our punitive law dealt with it, and does it agree with Sharia rulings in this regard? And we concluded that the Libyan legislature did not criminalize all forms of usurious transactions, but rather limited them to some of them. It has also failed to follow up on the criminalization of the new forms of these and the usurious tricks that have appeared, the purpose of which is to show the transaction in a legitimate form, which is the opposite.
Copyright (c) 2024 Saad Alabbar, Alhasan Abdalrahman (Author) https://creativecommons.org/licenses/by-nc/4.0
The Legal System of the Annulment of Arbitral Award a Comparative and Analytical Study
Arbitration is highlighted as a preferred method for dispute resolution due to its speed, low costs, confidentiality, the continuation of relationships between parties, avoiding the constraints and complex procedures of the judiciary. This does not mean neglecting disputes and the resulting arbitral awards, nor excluding judicial review. Arbitration procedures may be flawed or erroneous due to the arbitrators, leading to a defective award, necessitating an authority to restore order. Therefore, it is essential to subject the arbitral award to judicial review to ensure its correctness. This review is partially embodied in the annulment lawsuit, which is the subject of this paper.
Copyright (c) 2024 masoud masoud (Author) https://creativecommons.org/licenses/by-nc/4.0
The Impact of Sharia Policy On Libyan Legislation in Combating Corruption Crimes
The goal of this study is to explain what islam had come of guarantees which constiutes community from corruption، and to find-out the precautionary measures which the islamic legislative performed ، inorder to put an end to the phenomenon of corruption and not to obey what god oredred with ، and to abandoning islamic values ​​such as integrity، honesty، truthfulness، justice and transparency, begenning from the protection methods from corruption which is represented in reforming the creed and intensifying the discourse of encouragement for integrity and intimidation from corruption and its consequences، in addition to legislating penalties and holding accountable anyone who commits the crime، whether in libyan criminal legislation or in the system of oversight bodies specialized in combating corruption in libya ، and the range of texts compatibility in the libyan legislation to coincide with the islamic legislation rules . and explaining the similarities and differences between themin combatig corruption crimes which it is eating away at the body of the nation and is getting worse until it has reached critical levels، where society is threatened with collapse.
Copyright (c) 2024 musab hassan, Saad Al-Sayaaf (Author) https://creativecommons.org/licenses/by-nc/4.0
Foreseeability as an Element of Fundamental Breach Under the Un Convention On Contracts for The International Sale of Goods - 1980
The aim of this study is to address two daunting problems. The first problem is identifying the concept of foreseeability, and the second daunting problem is identifying the importance and the time requirement of foreseeability. This study will be relied on both analytical and critical methods. The core of the analysis will be on the prospective of the UN Convention-1980 for foreseeability, as an element of fundamental breach in international sale of goods.
Copyright (c) 2024 imhimad abdalhamid (Author) https://creativecommons.org/licenses/by-nc/4.0
The Defect of Form in Administrative Decisions and Its Applications in the Yemeni Judiciary (A Comparative Study)
The defect in form is one of the reasons for canceling an administrative decision. This defect appears when administrative authorities violate or ignore the formal rules required by the law when issuing administrative decisions. The rule is that the administration is not obligated to follow a certain form in expressing its will, unless the law imposes a certain form on the administration. Therefore, the administrative judiciary distinguishes between essential formalities and secondary formalities, and bases the invalidity of the administrative decision on the first rather than the second. The Yemeni judiciary has adopted the standards developed by jurisprudence and administrative judiciary to distinguish between the two types of formalities. We hope that this research will address the most important legal formal aspects that the administration must take into account when issuing its decisions, especially those that affect the rights and freedoms of individuals and employees, with a focus on the rulings of the Yemeni and comparative judiciary in this regard.
Copyright (c) 2024 Moteaa A. H. Gabir (Author) https://creativecommons.org/licenses/by-nc/4.0
The Role of the Tourist Police in Protecting Tourist Security (Protecting Material Heritage as an Example)
Libya is considered one of the countries that possess a heritage of diverse historical, civilizational and cultural value, and this is what makes it a cause for attack, which requires the provision of security and legal protection to preserve this heritage. Thus, tourism can be transformed into an economic sector that contributes effectively to increasing the national product. The circle of attacks on heritage in general may grow and expand in the absence of a specialized body for protection and insurance among the state’s police authorities, and the attacks that some tourist places may be exposed to, as well as the harassment that befalls tourist teams, which makes tourist places in Libya a repellent environment for tourists. The problem of studying this topic revolves around knowing the true relationship between the type of protection provided by the tourist police and the tourist phenomenon. And the adequacy of this type of protection to achieve the purposes of the tourism sector, given that the content of this protection is considered one of the direct supports for reviving the tourism sector in Libya.
Copyright (c) 2024 saed Almaeadaani, saed Almaeadaani (Author) https://creativecommons.org/licenses/by-nc/4.0
The Importance of the International Criminal Police Organization in The Field of Combating Terrorism and Its Role in Developing the Rules of International Criminal Law
The crime of transnational terrorism has become a complex and multi-ideological phenomenon, due to various factors, and the methods of committing it have evolved. Although its methods were traditional and caused limited casualties among the targeted groups, they have evolved. It is carried out with extreme precision, taking advantage of information destruction technologies using international communications networks. The loss of life and property in regular wars is almost comparable to these losses, as well as the dangers associated with the use of chemical and biological weapons by extremist groups. occupy an important place in the world. On the international scene, particularly after the collapse of many Arab countries following the geopolitical events of 2011, fears emerged that the arsenal of weapons left behind by these countries would be exploited to carry out terrorist operations, forcing countries to make efforts to reduce this crime.
International criminal police organization
Copyright (c) 2024 Faraj MOUSSA, Faraj MOUSSA (Author) https://creativecommons.org/licenses/by-nc/4.0
Legal Means of Resolving Disputes Between Heirs, An Applied Study of the Principle of Separation
The principle of Exclusion is one of the most important means of resolving expected disputes between inheritors by mutual consent, as this principle and reconciliation have the same meaning in the matter of inheritance. Sharia has approved reconciliation based on the principle of mutual consent that is consistent with its principles regarding what is permissible and what is forbidden. This study comes to show how this principle had a significant impact in resolving disputes and resolving disputes between heirs through realistic applied issues in which judicial rulings were issued by the Supreme Court.
Copyright (c) 2024 Adel Miftah, Adel Miftah, Mohammed Younis (Author) https://creativecommons.org/licenses/by-nc/4.0
The Crime of Electronic Destruction in Libyan Law (A Comparative Analytical Study)
The procedural behavior of the crime of cyber destruction manifests in various forms, including input, erasure, modification, destruction distortion, impairment, and by any means. Moreover, the scope of the informational domain is broader than that of the physical domain of traditional destruction crimes, encompassing material components and non-material assets. Legislators may stipulate a specific criminal intent in the offense of destroying an information system, such as gaining financial benefit for oneself or others, contrary to their approach in defining the term "illegitimate benefit". The legal formulation of the crime of electronic destruction has been marred by numerous legislative deficiencies, weakening the legislative protection of informational assets.
Copyright (c) 2024 ANTISAR IMSEEWEET, ANTISAR IMSEEWEET (Author) https://creativecommons.org/licenses/by-nc/4.0
Good Governance and Its Role in Developing the Work of Local Units in Jordan and Libya
Local administration is considered one of the most important methods of local administrative organization, through which administrative tasks are distributed between the central authority and elected and independent regional local units, which are granted specific competencies and powers, so that they can carry out their activities and provide the necessary services required for local groups, It works to consolidate democracy through popular administration and joint collective action among members of society, Through the existence of a modern decentralized system, it produces a system of good governance that includes several principles and foundations for managing and conducting the work of local units, to achieve the goals for which they were established, to fight administrative and financial corruption, Developing the work of service facilities and facilitating access to services to local communities; Good governance is closely linked to popular local administration, because of its positive and effective effects that benefit the work of local units.
Copyright (c) 2024 KHALLEEFAH AMTEER, KHALLEEFAH AMTEER (Author) https://creativecommons.org/licenses/by-nc/4.0
The Nature of Constitutional Judiciary and The Inevitability of Its Existence
The constitutional judiciary holds a prominent position in the hierarchy of the judiciary, as its jurisdiction revolves around issues where politics intersects with the law. With the complexities accompanying its interaction with matters related to the foundations of governance and the distribution of powers, a question arises about the nature of constitutional judiciary: Is it a politically oriented judiciary or purely judicial? This study is founded on understanding the legal nature of constitutional judiciary and its role in the rule of law. By following a comparative analytical approach to explore this nature, with a focus on the justifications that highlight its importance in ensuring the rule of law and the separation of powers.
Copyright (c) 2024 Dr.Ezeddin Boubaker Ali Mohamed., Ibrahim Saleh Saed Ali. (Author) https://creativecommons.org/licenses/by-nc/4.0
Justice is an Ideal Goal of Law: A Study in The Philosophy of Law
The law is not an end in itself, but rather a means to achieve an end that it seeks, and studying justice as a value and an ideal goal of the law requires distinguishing between two types of goals: the first: the law has an immediate goal or goal that it seeks to achieve, and the second: a distant or ideal goal that it seeks to achieve. The difference between the two types is that the ideal goal of the law is the goal that the law aims to achieve, that is, it is the highest and ideal goals and values ​​that are linked to the law. The technical goal is, as some say, the immediate goal, such as avoiding certain danger or disturbance. Accordingly, after the inability of the individual and social doctrine to achieve the ideal goal of the law, studies began to search for the values that legal systems target through social values. Given the difficulty of arriving at a comprehensive value, some proposed values as an ideal goal: justice - security - stability - the common good.
Copyright (c) 2024 ASHOUR SHUWAIL (Author) https://creativecommons.org/licenses/by-nc/4.0
The Legal Regulation of the Formation and Powers of Municipalities in Tunisia and Libya: A Comparative Analytical Study
The municipality plays an important role as a local territorial unit, and must be independent in exercising its powers in order to achieve the state’s economic, social, political, etc. goals. The developments at the political level in the states of Tunisia and Libya were necessarily reflected in their local administration systems in general, and municipal organization in particular, the most important of which was the issuance of Law No. (29) of 2018 AD regarding local communities in Tunisia, and Law No. (59) of 2012 AD regarding administration. Local in Libya. By comparing these laws, we find that Tunisian law is advanced in its provisions, especially with regard to municipal organization, and especially with regard to the formation and competencies of the municipality. This makes it necessary for us to try to understand the points of agreement and difference in the legal organization of the municipality in Libya and Tunisia in order to reach results that may be useful in developing a distinct legal organization of the municipality in Libya.
Copyright (c) 2024 محمود عياد, Mhmod aead (Author) https://creativecommons.org/licenses/by-nc/4.0
The Effects of Proving the State’s Administrative Responsibility for Damages Caused by The Circulation of Hazardous Materials and Waste (Compensation)
The research problem is the spread of means of environmental pollution as a result of the expansion of industrial and technological development and the resulting damage to all elements of the environment, including humans. Hazardous materials are used in all fields to the point that they have become a necessity to meet the needs of society and develop its economy. Countries have intervened significantly recently in delving into various fields that may result in hazardous materials and waste. The state is responsible for compensation for damages resulting from its actions and activities on the basis of error or without error, in accordance with the general rules of liability. However, responsibility does not materialize in either of these cases. If the elements and requirements of responsibility are met, the judge assesses the compensation that covers the damage that befell the injured person as a result of the responsible person committing the harmful act. Compensation is the penalty for responsibility.
Copyright (c) 2024 AzzA ALSAID (Author) https://creativecommons.org/licenses/by-nc/4.0
The Concept of Fundamental Deprivation as an Element of Fundamental Breach Under the United Nations Convention On Contracts for The International Sale of Goods-1980
The completion of this study requires extensive information gathering and research. In order to address the main research question effectively, this study will be relied on both analytical and critical methods. The focus of the analysis will be on the UN convention on contracts for the international sale of goods and its prospects for the concept of fundamental deprivation as an element of fundamental breach. This approach requires the assessment of both the positive and negative sides in this convention. However, some issues relating to the fundamental breach will not be discussed in this study, such as matters related to the avoidance. Finally, this topic has been subjected to development and codification by some scholars. Which means that the documents relating to these scholars on international sale of goods offer a wealth of information and often lead to a variety of response from scholars, which it will be an important resource in my work.
Copyright (c) 2023 امحمد فتح الله عبد الحميد (Author) https://creativecommons.org/licenses/by-nc/4.0
Transitional Justice and National Reconciliation and Their Ability to Be an Alternative to Traditional Criminal Justice in Libya
Proponents of transitional justice assert that this justice is exercised in exceptional periods of people's history, particularly when traditional criminal justice is unable to achieve its objectives. Transitional justice can fill this deficit occurring in the national justice system, especially if the crimes committed were of a very general, systematic and serious nature. This would raise a specific question about the capacity of this transitional justice to be an alternative to traditional criminal justice in order to eliminate the violations that occurred in Libya for more than half a century. This question, in turn, leads us to another question that we consider more important, linked to the extent of possibilities, the success of transitional justice tools to achieve reconciliation in a country like Libya in light of the events that have occurred and are occurring. This study attempts to answer the two aforementioned questions.
Copyright (c) 2023 كمال التواتي حسن (Author) https://creativecommons.org/licenses/by-nc/4.0
The Constitutional Provision to Restrict the Freedom of the Accused in the Pre-Trial Stage
Individual freedom has constitutional discretion, for which it receives special protection in the face of arbitrary authority. It should not be restricted except out of necessity, in terms of origin, except by a criminal ruling. However, for considerations related to detecting evidence of crime and combating it, this freedom may be temporarily restricted before a conviction is issued; However, due to the seriousness of this matter, balancing considerations of combating crime with the necessities of preserving individual freedom requires restricting the legislator’s authority, to prevent abuse of power. There is no doubt that imposing restrictions on the legislator’s authority can only be achieved through restrictions that exceed in their strength the texts of ordinary legislation. These are constitutional texts.
Copyright (c) 2023 طارق الجملي (Author) https://creativecommons.org/licenses/by-nc/4.0
The Problem of Electoral Appeals in Libyan Legislation “An Analytical Study of Law No. 1 Of 2021 Ad Concerning the Election of the President of the State”
There is no doubt that electoral disputes are a reflection of the stages that the electoral process goes through. Therefore, the research sought to accurately understand electoral disputes and the appeals against them by analyzing the texts of Law No. 1 of 2021 AD regarding the election of the President of the State. The research concluded that electoral appeals are an effective tool in granting legitimacy to general elections, including the correction they include, especially since the Libyan state is about to hold presidential elections for the first time in its history. This requires the establishment of a precise legal system for electoral appeals to ensure that the problems that marred Law No. 1 of 2021 are avoided.
Copyright (c) 2023 عزالدين بوبكر علي محمد (Author) https://creativecommons.org/licenses/by-nc/4.0
The Legal Nature of Drug Trafficking in Libyan Legislation
The increase in the phenomenon of drug and substance trafficking is one of the most important security and legal challenges for all countries. What required the intervention of the penal legislator to reduce the rise of this phenomenon. One of the most striking manifestations of the rigor of the Libyan legislator in dealing with it is perhaps the adoption of a dual legal nature for the concept of trafficking: trafficking is criminal behavior _ trafficking as a particular criminal intent. All this was the reason for the contradictory opinions of jurists and court decisions on determining the elements necessary for the establishment of this concept, which varies according to its legal nature when considering each incident separately. This required a detailed study of this concept in order to know the particular character that the Libyan legislator and the Libyan justice gave to the concept of trafficking? And knowing the legal nature of this concept?
Copyright (c) 2023 الحسن علي محمد عبد الرحمن (Author) https://creativecommons.org/licenses/by-nc/4.0
Civil Liability of the State for Traffic Accidents Arising from Dilapidated Roads
This research is based on clarifying the effects that may arise from traffic accidents due to the use of dilapidated public roads by individuals, thus resulting in a civil legal responsibility placed on the shoulders of the state and its administrative institutions towards the people affected as a result. This research aims to explain the responsibility of the Libyan state in establishing and maintaining the public road network, as well as its responsibility for the damage that befalls individuals as a result of walking on dilapidated roads, which are regulated by internal legislation Where we will explain this by stating the nature and basis of the state’s responsibility in particular, and explaining the elements of the tortious responsibility of the administration from the state’s fault, the damage that befalls individuals, and the causal relationship between the state’s error and the damage that befell individuals as a result of walking on dilapidated roads, as well as a statement of the effects of the establishment of the tortious responsibility of the state and its administration.
Copyright (c) 2023 عصام فتح الله الهين (Author) https://creativecommons.org/licenses/by-nc/4.0