المسؤولية المدنية الناجمة عن التعدي على الأشخاص في القانون الإنكليزي : دراسة تحليلية مقارنة بالقانون المدني العراقي

Abstract EN

The trespass to persons is considered as one of the torts included in the English law of tort, as well as such other torts as negligence, defamation, nuisance and trespass to land, it is worth-bearing in mind that trespass to persons in the English law has taken the following three forms: Assault, Battery and False imprisonment.

Whereas the Iraqi civil law No.

40 in 1951 has regulated the illegal acts committed against the human being, and subcategorized them into the following two subcategories: The illegal acts committed against the human being, with the result of killing him, and the illegal acts causing only damages to the human being, without killing him.

Therefore, the Iraqi civil legislator considered the illegal acts killing the human being as applications of the basic element of intention and transgression, upon which the legal base of the civil responsibility arising from illegal act in the Iraqi civil law is established.