The legal system for civil liability for the damages of the Corona pandemic

Abstract

This research investigates the legal liability resulting from harming others through transmitting the corona pandemic to them . The study aims to clarify the conditions needed for determining the responsibility holder for transmitting the virus to others, which are represented in its three pillars, namely error, damage and causal relationship between error and damage. Whoever harms others is obligated to compensate them for his wrong act. Accordingly, the methodology in this study adopted a combination of descriptive and analytical method. It is concluded that both the vector of corona virus infection of the contributor of its transmission are responsible for any harm that may cause to others. In accordance with the provisions of tort liability in Libyan civil law. As a result, the harmed party has the right to take compensation and the same situation does not change if the person’s entry is legal through the official outlets and does not subject himself to the medical examination measures imposed by the state, and there is no doubt that the state has a contribution to the spread of this virus within its borders and therefore it is possible to establish its negligence. In this matter, based on its mistake, which was evident in its inability to control the entry process for travelers carrying the virus.