How Compensation of Damages is Addressed in Iraqi and Iranian Civil Law

Abstract

The primary objective of civil liability, whether tortious or contractual, is the compensation of damages. In this regard, the reparation of losses sustained by the injured party is intended to restore him or her to the position that would have existed had the contract not been concluded or the injurious act not occurred. To achieve this objective, both the Iranian and Iraqi legal systems rely on different approaches. Among the essential elements of contractual liability and civil liability is the existence of damage or loss, and the compensation of such damage or loss within either form of liability must meet certain conditions. Once the existence of loss is established, liability is realized alongside other requirements. Civil liability is distinct from other legal concepts, particularly criminal liability. At times, civil liability precedes criminal liability, and at other times it does not; as a result, compensation for harm may sometimes accompany punishment and sometimes not. Civil and criminal liabilities differ with respect to standards of assessment and the purpose of liability. While the standard for assessing civil liability is the extent of actual harm, the standard for assessing criminal liability is based on the gravity of fault or negligence in violating a general principle. The aim of civil liability is to protect the interests of the injured party through reparation. Although civil liability and contractual liability share many features in straightforward cases and no essential differences exist that would justify treating them as separate categories, certain divergences between the two forms of liability do exist. These distinctions are analyzed and debated in this study in comparison with the new European law.