Keywords : civil law


Muhammad Hanoon Jaafar

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 495-534

The commitment theory represents one of the basic pillars on which the civil law is based, and the subject of the divisions of commitment sources is one of the basic topics in commitment theory. Where the sources of commitment have been the subject of study and doctrinal discussion by quite a few civil law jurists, and the positions of civil laws on them have varied and differed among themselves. Therefore, we find that the arrangement of the sources of commitment in civil laws has witnessed a continuous development and change. Perhaps the most prominent of this development is what happened in the French Civil Code in 2016. A broad and large amendment to the French Civil Code in force for the year 1804 was issued, and the new division of the sources of commitment in the French Civil Code, It is he who was called for by quite a few civil law scholars in Egypt, including specifically Prof. Dr. Abder Razzaq Al-Sanhoury, and it was also adopted by the Iraqi civil law draft of 1986, which means that Iraq preceded France in trying to adopt the tripartite division sources of commitment.


Omed Sabah Othman; Mukrian Aziz Muhammed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 410-456

Collective Civil Liability, is a system for establishing Liability on a group of people or individuals without being able to establish the causal link in the normal way between the act that caused the damage and the damage that happened to the Plaintiff, and in which he is not even able to identify the person caused the damage to him. The system of Collective Civil Liability consists of four types, and they are: “Market Share Liability, Alternative Liability, Enterprise Liability, Civil Conspiracy”, and the legislation in the Latin school in general included Arab countries legislation has cleared of The provisions of the Collective Civil Liability system in its laws, despite its importance in light of the scientific and technological development in our day, which facilitates the loss of the person causing the damage and consequently the inability to be appointed by the aggrieved party, especially in the area of Consumer Protection Law and Product Liability Law, which led to the loss of the right of many of those affected and prevented them from obtaining fair compensation for the harm they sustained, Collective Civil Liability system, is a solution to this problem, and consequently, the Plaintiff gets appropriate compensation for the damage he has suffered. The United States of America was the mother country of this system, but it nonetheless dispersed in the judiciary, jurisprudence and legislation on Collective Civil Liability, as they did not unify their rules and provisions, nor did they apply the four types in the courts of the United States of America, due to the fact that the United States of America is following the Anglo-Saxons school, whose laws are based on case law, so we see that the courts were divided in the application of the type it deems appropriate of the four types. It may come to mind that this system is like some systems of Civil Liability in the Latin school, such as Joint and Several Liability, but it is distinguished from them in several respects, and we already talked about them in the research.


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.


Maha Ramzi Muhammad Ali Haj Younis

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 357-377

The emergence of the idea of the weak party in the contract, that is, in the contractual bond, its protection became a concern not for the legislator alone, but for the judiciary and jurisprudence alike. Accordingly, the contract is no longer the law of the contracting parties, but rather a general contractual system has been established that is growing steadily and characterized by the nature of protection as it aims to protect one of the contracting Against the other contracting party, whether at the conclusion of the contract or its implementation, and it can be said that the contract is the Sharia of the two contractors, that is, their law binds them together, so they control it and submit to its rules on an equal footing without there being any distinction between the two parties. This was the principle that the legislator or judge may not intervene within the scope of the contract to support anyone The two parties are against the other, in breach of the due equality between them. Nevertheless, there are important considerations that pushed the legislator and the judiciary not to adhere to this legal equality, as it is not based on actual equality between persons, and then the legislative and judicial intervention increased to advocate for one of the two contracting parties and protect him as a weak party in the nodal bond.


Azhar M. Lahmoud

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 1, Pages 179-201

International contracts have taken leading position in international relations and the main pillar of it. Some focused on studying international contracts to find suitable solutions for its resulting of special conflicts in the light of fast pace globalization in all its economic, social and legal dimensions, and to standardize a legal constrains that controls these international interactions and contributes in setting a new legal boundary in line with scientific and technological advancements on a global scale. The issue of law conflictions and diversity of legal arbitration in an international context is currently the main core of private law issue, which still posed as an ambiguity due to its mysterious rules and non-regulated articles, which lead to believe that its conflictions have caused further ambiguities. Law confliction researches is considered one of most precise international private law topic as its shown through diversity of curriculums and conflictions of solutions and its instability. International contracts create legal challenges with no stable solutions in the national legislations, for example: identifying the law to be applied in international contracts conflict.


Hussein A. Al-Kalabi

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 180-206

Nowadays, the protection of a consumer is one of most important and main duties of the contemporary country. As it reflects the value of the man in this country. The protection of a consumer is mainly for the weak party in facing the strong one. The industrial and technological development lead to an increase in supplying goods and services and the variety of characteristics of goods in use of a consumer. The variety of the goods makes a consumer confused of which is the suitable and beneficial one among them as he has not got wide knowledge in comparison with the experienced party who has got a lot of information. Therefore, there must be an obligation represented by informing the consumer with services in a way that suits him well.


Muhammad S. Al-Ahmad; Abdul K. Abdul Karim

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue Issue المؤتمر الافتراضی الاول / الجزء الثانی, Pages 44-84

The Public health is one of the most important objectives of the administration, as it is a duty upon the administration to take the necessary measures, because of its powers in administrative control, to preserve the public interest, especially from the risks posed, especially the epidemics caused by viruses and the rapid spread through infection, and in exchange for giving the legislator the administration the right Exercising exceptional powers leading to restrictions on the freedoms of people and limiting their movement. The exercise of this authority results in multiple human rights problems, which fall within the scope of public law from the means of control and abuse of power and the extent to which the goals are achieved, and they deviate from our topic here, because they are subject to the traditional rules which dealt with in jurisprudence and administrative justice. As for the section within the scope of our research, it is the legal aspects that affect the person’s freedom and will, and the effect of the administration’s measures on quarantine on his consent, the integrity of his will, and his choice. Also, the quarantine may cause for the person in detention to be exposed to health when he has dealt with people who carry the contagious virus, which is another problematic relate to the civil liability of the custodian towards this person. Also, this person may actually become ill, and here a legal framework of the quarantine must be created, which is strictly supervised by the administration, in order to preserve the safety of quarantined, and a system of insurance should be created from the dangers of this quarantine.