Responsibility of Objects in Jordanian Civil Law

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Dr. Alaa Majed Ahmad Bani Younes


In this research, we will talk about clarifying the nature of the responsibility of dangerous objects and machines for the damage incurred by them, determining the responsibility of the guardian of the thing that caused the damage, and according to the law, guarding means actual control over the thing in terms of its control, use and care, such as the right of ownership of the thing or the right to use it or Not based on a legitimate right.

The point in determining the guardian of the thing is by what he possesses from the actual control over this thing, whether he is the owner, beneficiary, or the lessee of the thing, or the thief of it, Although his possession of the thing was not based on a legitimate reason.

This research is based on the descriptive-analytical approach, where the legal materials that dealt with the provisions of civil liability for guarding dangerous objects and machines will be reviewed, and this is through analyzes of legal texts and judicial applications, in particular, the decisions of the Jordanian Court of Cassation related to this topic.

It was also reviewed how the Jordanian legislator dealt with this responsibility in its clear and explicit texts such as the text of Article (291), which spoke of the responsibility of the custodian of objects for the damage incurred by him or because of him. According to the law, guarding the thing requires actual control over the thing by moral and material authority, because only one of them is not enough.


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