الخلاصة:
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.
