The legal basis for civil liability arising from damages caused by Communication network

Abstract

The current study addresses the issue of the legal the legal basis for civil liability arising from damages caused by Communication network towers and the legal nature of the damages resulting from them; whether they are considered uncommon neighborhood damages, or do the traditional general rules of civil liability apply to them? The current study found that the study communication towers are considered dangerous in nature, and therefore, they are subject to the provisions of Article (291) of the Jordanian Civil Law No. 43 of 1976, and the entity that is considered as liable is telecommunications company, due to its liability regarding use, guidance and control in addition to the moral element, therefore, it is considered the party liable for the damage caused by the frequency of waves. In the current study we recommended the Jordanian legislator to amend the text of Article (291) of the Civil Law by adding a new paragraph to it that shows the identity of  entity liable for the damage of the things at its disposal, in addition to extending the liability and to abandon the basis adopted by the abovementioned law, which is the supposed error, a supposition that accepts proving the contrary, by adopting the new legal basis based on the element of harm