Keywords : Liability


Civil liability arising from the mistakes of private airlines (Analytical legal study)

Zaid Riyadh Abdel-Zahra

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 400-422

The multiple and continuous needs have made the individual in different times think of filling these needs, sometimes by providing these needs directly from his external surroundings, and at other times by obtaining these needs from others, but the cultural and technical progress that life has witnessed in its many aspects Reducing the use of barter as a means of purchasing goods and services, especially after the emergence and circulation of money, which represented a successful method in transactions between individuals, and among these needs is the need for air transport that is currently handled by several companies, as air transport companies in all their forms have a great impact at the time. Present on public life in all its forms, whether economic or social for the individual, and some of these companies are owned by the private sector (civil aviation), and with the characteristics of these companies as belonging to the private sector, this does not mean that they are not subject to the provisions of civil liability of the air carrier, which entail certain errors We will deal with it within the topic of our research.

LEGAL REGULATION TO CORNER THE DAMAGE IN OBJECTIVE LIABILITY

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.

COLLECTIVE CIVIL LIABILITY “ANALYTICAL AND COMPARATIVE STUDY” (QUOTED)

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.

CAUSAL RELATIONSHIP BETWEEN NEGLIGENCE AND HARM IN ENGLISH LAW AN ANALYTICAL STUDY IN COMPARISON WITH IRAQI CIVIL LAW

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.

CRIMINAL RESPONSIBILITY OF THE BLOOD BANK (A COMPARATIVE STUDY)

Caesar S.Younes Al-Herbawi

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 105-141

There is no medical alternative to blood, it is one of the elements that cannot continue life without him based on this basis made efforts by the owners of medicine and science efforts to transfer it to those who need it directly and then evolved to save it for a period of time and give it to patients and injured and thus established specialized centers called Blood banks have been inflicted on hospitals. They are public moral persons, but it is beating whenever this person is private after the legislator has approved the establishment of private hospitals, but the establishment of private blood banks, thus resulting in negative consequences for people as a result of irresponsible blood transfusions or deliberate transfer of contaminated blood Raises the problem of the official Criminal and the presence of the legislative organization of operations related to the transfer of blood and found that the legal basis on which it held This responsibility, the type of punishment that must be inflicted and the extent of its proportionality