Keywords : Harm


Wisam Abed Mohamed Daher

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 306-332

After the development of life and the upgrading of its facilities towards modern industry and the economic revolution and the spread of damage to the working class, as well as the war conditions suffered by Iraq after 2003, it cast a shadow over the difficulty of obtaining compensation for the cause of the error and the impossibility of proving it despite the availability of the element of damage, which became the traditional civil responsibility unable to cover the judicial disputes and the realization of the right, which made the jurisprudence and legislation go to seek a new responsibility called objectivity and from this point of view the researcher sought the legal system that organized According to the legislator, the law is based on the framework of civil law and the researcher divided this study into two topics, the first was entitled The Definition of The Pillar of Damage in Objective Responsibility and the second conditions of harm in objective responsibility and the researcher found that the definition of harm is assault or harm to the human being from his financial rights or the safety of his body or his passion or honor. The researcher also found that the legislator had organized the element of damage in objective responsibility under the provisions of the Civil Law and was based on the responsibility of the subordinate for the actions followed as well in other topics that the reader will find and that the damage in objective responsibility is two types literary and material and then ended his study with a conclusion that included conclusions and recommendations that were the most prominent conclusions.-1 The right to compensate for the moral damage in the objective responsibility is difficult to estimate due to many considerations, including that the passion is not valued by money as well, reputation is not material things that we find similar or priced in the market.As well as one of the most important recommendations reached by the researcher 2- We recommend that the Iraqi legislator include the inclusion of articles "202 and "203" in one text, which is as follows: "Any act of harm to the soul, such as killing, wounding, beating or any other kind of abuse, is required to compensate the injured and those who are upon them, whether the injured person dies or is incapacitated.


Yunus S.Ali

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 1, Pages 310-359

Causation (or causal link) is considered as a basic element and an essential condition of the civil liability arising from the tort in general, and the tort of negligence, in particular. In the law of torts, which is a part of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that the causation is a causal link by which the damage suffered by the plaintiff arises from the defendant's breach of duty of care. And this link is proved in the English law by many criteria, the most important of which are the factual causation criterion, or the ‘but for’ test. The direct causation criterion, or the remoteness of damage test. The all or nothing criterion, and The Material Increase in Risk criterion. Whereas the Iraqi civil law No. (40) of 1951 regulated also the causal link and considered it as an independent element of the civil liability, whether it be contractual or tortuous. And put the burden of its proof originally on the plaintiff, according to the general rules of evidence. But it put the onus of proving exceptionally on the defendant within the scope of the vicarious liability, in which an irrebuttable presumption arises against the guardian and the employee.