المسؤولية العقدية للمحامي عن فعل الغير

Abstract EN

The contractual liability of the lawyer for the act of third parties is made if there is a valid contract between the lawyer and the client with an error by the lawyer as a result of an act of third parties used to implement the obligation, as well as the existence of damage to the client, and that the damage to the client as a natural result of the error of the lawyer, and the basis of that responsibility according to Iraqi civil law deduced from the text of Article (168) thereof.

The third person who asks about the lawyer's act are assistants and the sub-lawyers.

The lawyer asks the client about the actions of his assistants.

The lawyer can use his assistant to fulfill his contractual obligations.

If the third party is a sub-lawyer, and the lawyer is authorized to empower another, (s)he will be asked to the client on the basis of the contractual liability for the act of the third party if the conditions are met, with the exception of two cases, namely, the lawyer's fault in choosing the sub-lawyer and his/her fault in the instructions (s)he issued.

It is not permissible to delegate to others, it is conceivable that the contractual responsibility for the actions of others is fulfilled if the conditions are met.

If that responsibility was owed to the client, (s)he could return the entire compensation to one of them.

If (s)he chose to return to the lawyer, his/her return was on the basis of the contractual liability, but if (s)he chose to refer to third parties, the provisions of tort liability were applied between them because there is no contract between them.

The basis of solidarity, and the lawyer can require exemption from that responsibility, as well as the possibility of payment by proving the foreign cause or deny the mistake of others.