المسؤولية المشتركة عن الخطأ المدني في القانون الإنكليزي : دراسة تحليلية مقارنة بالمسؤولية التضامنية الناجمة عن الفعل الضار المشترك في القانون المدني العراقي

الملخص EN

The concurrent liability for the tort is considered generally as type of the civil liability included in the law of torts, which is a part of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts.

It is worth-bearing in mind that this type of liability arises as a result of the participation of two or more tortfeasors independently and separately in inflicting the same damage to injured plaintiff.

Or when two or more tortfeasors commit the common breach of the duty of care, or their combination in committing one tort with a common design.

To inflict the same damage to injured plaintiff.

It is also worth-mentioning that this type of civil liability is classified into two considerable sub-types, that is to say.

The several and joint liability.

Whereas the Iraqi civil law No.

(40) of 1951 regulated also the joint or solidary liability, for the common illegal act.

According to which both the defendant and the third party are considered jointly liable towards the injured plaintiff.

and the contribution of the liability is distributed between them, in accordance with grossness of their harmful or illegal acts respectively.

Or it can be apportioned by the court equally.

If it will be unable to determine the ratio of their particioation in the liability.