مسؤولية المتبوع عن أعمال تابعه في القانون الإنكليزي : دراسة تحليلية مقارنة بالقانونين العراقي و الإماراتي

الملخص EN

Vicarious liability is considered as a kind of liabilities provided for in the English law of tort, which is an unwritten law that is based on judicial precedents and that is adopted by English courts as part of common law.

It is also worth mentioning that the law of tort comprises other kinds of torts that are not gathered under a general rule that would form their legal basis, although it has originally adopted the doctrine of fault-based liability according to which the employee is personally liable and the employer is vicariously liable.

It is equally essential to remember that both the Iraqi civil law, No.40 of 1951 and the Federal civil transactions law No.

5 of 1985 of the United Arab Emirates have regulated vicarious liability.

The present study tried to deal with three problems: (1) the absence of a general rule organizing vicarious liability in the Iraqi civil law; (2) the failure of the UAE federal civil transactions law No.

5 of 1985 to adopt the criterion of work for private account; and (3) the failure of Iraqi civil law and the UAE civil transactions law to adopt an extensive criterion widening the scope of the illegal or harmful acts committed by the employee.