المسؤولية العقدية عن فعل الغير في القانون المدني العراقي : دراسة مقارنة

Abstract EN

The world has witnessed unprecedented developments in the fields of communications and the emergence of the global information network, the internet, which increased the movement of trade, and the conclusion of many contracts between individuals, which led the obligor to resort to other people and seek help from them; to carry out his contractual obligation, whether he entrusted all or part of the work to them, and these persons are considered third parties during the implementation of the obligation, should the debtor be asked about their actions? if they commit a mistake that leads to non-performance of the contractual obligation or delay in implementation, or if the implementation is defective.

is the debtor's liability for the actions of others subject to the provisions of the liability of the subordinate for the actions of his subordinate, or to the contractual liability for the actions of others? and if jurisprudence and legislation had settled its matter regarding the debtor's tort responsibility for the act of others, while part of legal jurisprudence denied the contractual responsibility for the act of others, due to the absence of the text in many civil legislation that directly and explicitly refers to the contractual responsibility for the act of others.