المسؤوليـــة المدنيــة للصيدلي

Abstract

In spite of the specialized knowledge enjoyed by the pharmacist, and this, in the composition, preparation and development of the medicament, in addition to the negative effects of the medicament and the drug interaction… It may be that he commits, as other professionals, errors raising his civil responsibility and it’s the theme of study of this thesis is to compare the Algerian, Egyptian, Iraqi, Jordanian and French law. If the pharmacist commits an error harming others, his civil responsibility is raised giving all the pillars composing from; error, prejudice and causality relation, his civil responsibility can be either personal resulting from his personal act or responsibility of the others act resulting from the act of his assistants, excepting the Jordanian law that raises the restrictive responsibility of the personal act in the case of beginning and on the base of the material side of the error in the case of the cause. While, the responsibility on the act of others or objects is raised due to the error. At the contrary, the responsibility of the pharmacist producer included in the French law, taken by the Algerian and Egyptian law, is raised in order to support the obligation based on the error idea and its constituents, the default in the medicament, the prejudice and the causality relation. If the conditions of the civil responsibility of the pharmacist are assured, he is obliged to compensate the prejudice in accordance with the general conditions provided by the civil code, knowing that the civil responsibility of the pharmacist isn’t particularly regulated, but it is submitted to general conditions provided by the civil code.