ملاحظات على تنظيم القانون المدني العراقي للمسؤولية عن فعل الغير : دراسة مقارنة

الملخص EN

The provisions of tort in all its forms are of great importance and are renewed due to the recurrence of harmful acts and the necessity of developing texts that ensure that the victims receive fair compensation.

The Iraqi civil law has organized three forms of tort liability: responsibility for personal acts, responsibility for the act of others and responsibility for things.

The provisions of responsibility for the act of others are particularly important from the other forms of liability because they take the burden of compensation on a person whose action was not the direct cause of the damage But shall be liable for the occurrence of the harmful act by another person with whom the association of dependency is attached or who is charged with the control thereof.

There has been a sharp debate in the jurisprudence about the provisions of the Iraqi legislator for this responsibility in terms of the basis established by this responsibility and the person responsible, which cast doubt on the ability of these provisions to adequately regulate this form of liability tort.

In order to shed light on the legal organization of responsibility for the actions of others under the Iraqi civil law and the observations that are recorded on this organization and the recommendations that can contribute to filling the gaps that have affected the organization, we have chosen to research this subject.