English abstract
This study aims at identifying the recognition of the Civil 'Liability of the teacher through answering the following inquiries:
1. Who is the teacher meant by this study?
2. What are the prejudicial acts that may be committed by the teacher?
3. What are the damages caused by the prejudicial act of the teacher?
4. What is the resulted effect for achieving the pillars of teacher's liability?
For the purpose to answer the above mentioned inquiries, this research has divided into two main chapters preceded by preliminary prelude. The prelude discussed the concept of the teacher and the historical development of his civil liability, and handled in the first chapter, the legal modification of civil liability of the teacher and its pillars. Thus, the first chapter was divided into two topics; the first one discussed the legal modification of the civil liability of the teacher, and its pillars in the second one. Whereas, the second chapter highlighted the effects of the teacher's civil liability, wherefore the chapter was divided into two topics, the first one about liability 'case and its sanction, while the last topic was particularized on recourse action. Remarkable results of the research:
1-The teacher is a person who teach, and educates students, watch them throughout their presence inside or outside of the school arena, for the purpose of education, paid or unpaid alike.
2- the civil 'liability of the teacher may be a contractual one which emerges upon breaching the commitments of the contract terms or it could be Tort Liability raise upon breaching legal obligation.
3- The prejudicial acts committed by teacher during his educational duty may be done intentionally,and that characterized by undermining his educational and pedagogical duty as well as his ability to preserve students 'safety, moreover, it may be done by others.
4-The prejudicial acts committed by teacher or others, or by student himself lead to the effect of damage for the student, as well as ,The prejudicial acts committed by the student lead to the effect of damage on others, and · finally those damages that accrued to the kin of those who get the effect of damage, which is defined as apostate damage.
5-The effect of the accomplishment of the teacher's liability arise from achieving the teacher's liability and it is represented by the responsibility case which file by the affected person either against the teacher or against the person who followed the teacher, based on the provisions of the responsibilities of the persons who are followed by the acts of their followers. If the state or the school of the teacher performs warranty, then they have the right to refer of what they have paid to the injured person via a lawsuit case raised against the official responsible person of the act.
