فكرة المفاضلة كوسيلة قانونية لضمان حقوق الأفراد المدنية

Abstract EN

Law regulates person’s actions with a view to reach peaceful and justice community which is dominated by security and tranquility.

law is not by itself an aim, but his goal, however, is to establish balanced relationships between persons free from conflicts.

conflict of interests between person's leads to huge problems, which requires establishing legal rules to ensure that a right will can be returned back to his owner easily, quietly and ensuring a satisfaction even by the wrongdoer.

so, law often encapsulates rules contain fairness from a side, and flexibility in its application from the other side.

the Iraqi civil code contain a considerable amount of legal rules characterized by these features, which involve granting the aggrieved person or the wrongdoer in the tortious liability some options in order to choose the best between them according to circumstances.

the provisions of law may grant the court itself the power to give one option the priority over the other with a view to reach justice and ensure returning a right to his owner peacefully, easily and to ensure the satisfaction of the legal relationship parties.