CLOBAL MOVEMENT & TOWARDS THE THEORY OF NO PREJUDICE

The law of the continental Europe is considered an offspring of the Roman law. In the Roman law the “fault” was considered as the basis of liability. The doctrine of fault was included in the French civil Code of 1804 through the Roman law, and from there, made its way into the laws of other European and non-European countries. According to the instruction of the holy prophet of Islam (PBUH), in the Islamic law the principle of no prejudice (la Zarar) was recognized as a basis for civil liability. The liability based on the principle of “No Prejudice” was a liability without fault. Likewise in the European law the deficiency of the doctrine of fault compelled the jurists to resort to the liability without fault and get closer to the principle of “No Prejudice”. In this paper, the development of this principle is examined.