مدى جواز الدفع بأعمال السيادة في المسؤولية المدنية الناجمة عن حوادث انفجار الألغام : دراسة مقارنة في القوانين العراقية و المصرية و الفرنسية

Abstract EN

The civil responsibility arising from the explosion of mines is founded on the legal basis represented by compensating the damage caused by those, who are subordinate to the minister of defense to the fault committed by them towards other civilians can only be considered as a tortians liability arising from a breach to a legal obligation if its conditions are available and are represented by the damage the guard (the submission of the mine to the conduct of the defendant) and the causal relationship the fact that the mine causes the damage, and this kind of responsibility constitutes one of the most important forms of the civil responsibility arising from the act of the third-party.

Given that, the direct effect on securing the individual’s safety and protection from the mines causes a great deal of damage and destruction to the human being.

Therefore, the states have prevented individuals from deciding the right personally through having recourse to the methods determined by the laws and regulation that is to say, the resort to the cause through the case considered as a main feature by which the civil judiciary is characterized, it is wortnoting that the parties to civil responsibility case arising from the explosion of the mines are the plaintiff and defendant and the latter in this case is the minister of defense, in addition to his office.

And the question posed here is can the minister of defense plea his responsibility in the pretext this mine laying operation considered as of the sovereignty acts justifying the prevention of the judiciary from deciding it.

Finally we have observed the incapability of this plea owing to its contradiction with the other legislation’s effectiveness both in Iraq and other comparative laws.