المسؤولية التقصيرية للموظف العام في القانون العراقي : دراسة تحليلية

الملخص EN

Civil servant’s tort liability shall be triggered when civil servant violates his/ her legally-assigned duties [which are divided into positive and negative ones] that he/ she shall take into consideration when he/ she performs his/ her day-to-day job tasks.

Once tort liability is triggered, three pillars [on which the liability is based] shall apply to civil servants; these pillars are fault, damage and fault-damage causal relationship.

If civil servant’s fault is proved, then the consequential damage shall be compensated; this is contingent on a causal relationship between them so that the liability for compensation becomes due.