تشخيص الضرر الناشئ عن الإخلال بالعقد كمقدمة لتقدير التعويض : دراسة في القانون الإنكليزي بالمقارنة مع القانون المدني العراقي

Abstract EN

It is submitted in all legal regimes that damages covered the loss resulting from breach of contract must be just as much as possible, this require a precise mechanisms when determining the loss.

To achieve this goal, the English law, so based on the well-established case law, draws clear and disciplined method on the mechanisms to diagnosis the loss arising from the breach of contract, which aims to compensate it by granting fair damages to the promisee.

Although Iraqi legislator dealt with this issue, the manner which adopted is different from that in English law.

To study the issue, we divided our research into two sections: in the first one we dealt with the concept of loss that must be compensated, and in the second the types of loss that must be compensated and its remedies.