The Scope of Civil Liability Arising from the Act of Others and the Practical Effects of Legal Differences on Compensation in Iranian and Iraqi Law
Keywords:
Civil liability arising from the act of others, compensation, Iranian law, Iraqi lawAbstract
Civil liability arising from the act of others in Iranian and Iraqi law is formed based on exceptional principles that deviate from the rule of the personal nature of liability and rely on fault or special laws. These two legal systems, in defining the scope of civil liability resulting from the act of others and the practical effects of legal differences on compensation, present both similarities and differences that require precise analysis. This research, using a descriptive–analytical approach, demonstrates that in both systems, the foundations of liability rest on bases such as fault, risk, and guarantee of rights; however, in practice, the approaches to them differ. For example, Iraqi law considers the liability of a guardian on the basis of presumed fault, which facilitates the task of the injured party in proving liability, whereas Iranian law requires proof of the guardian’s fault. Nevertheless, Iranian law, by allowing recourse to the property of the legally incapacitated person, provides protection for the injured party. In liability arising from subordination, the protective approach of Iranian law considers the liability of the employer to be broader than that of Iraqi law. Ultimately, both systems, by recognizing external factors and the fault of the injured party as grounds for exemption from liability, seek to achieve a fair distribution of the burden of damages and the realization of social justice.
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Copyright (c) 2025 مريم عبدالهادي نجم (نویسنده); مریم قربانی فر; احمد نعمه عطيه العادلي, محمد صادق تیموری (نویسنده)
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