المسؤولية المدنية عن أضرار السجائر الإلكترونية : دراسة تحليلية مقارنة

الملخص EN

The World Health Organization (WHO) has shown that electronic cigarettes have a negative impact on public health and that e- cigarette production and distribution companies misrepresent this type of cigarette as a safe alternative that can help quit smoking.

Legal provisions in relation to electronic cigarettes vary from one country to another.

Regarding the position of Iraqi legislation on electronic cigarettes, despite the enactment of a law to combat smoking, this law did not include any reference to electronic cigarettes, and this is a legislative deficiency that must be avoided.

The law does not state its position regarding this kind of liability and under the current situation responsibility is subject to the Civil Code general rules.

This is a major shortage and deficiency, because the recourse to general rules does not help solve complex problems such as those arising from the producer’s responsibility for the harmful effects of dangerous and deficient products.

We found no judicial application related to the damages of smoking as well as those of electronic cigarettes, neither in Iraq nor in the Kurdistan District.