Assessing Collective Real Liability in Light of the Provisions of the Iraqi Civil Code -an Analytical Study-

Volume 6 , Issue 1 , April 2018 , Pages 64-102

Authors

Dana Hama Baqi Abdel Qader 1 ; Bamo Parvez Khan Al-Dalawi 2

1 College of Law, University of Sulaimani, Kurdistan Region, Iraq

2 College of Law, University of Sulaimani, Kurdistan Region, Iraq./ College of Law, University of Sulaimani, Kurdistan Region, Iraq.

DOI logo 10.17656/jlps.10116

Keywords

Abstract

"Civil liability becomes personal liability when the component of indebtedness is available in the side of the responsible debtor. To arise this liability, there should be mistake, damage and causal relationship between the mistake and the damage. It may be real when the debtor is not personally responsible for the debt. In this case, the liability is limited to the mortgaged property for the benefit of the third party.
 The responsibility can be simple if there are no multiple responsible parties and it is collective when there are multiple parties. This research illustrates the problems arising from collective real responsibility. It also provides solutions by explaining its provisions through clarifying its scope and its arising circumstances by analysing the legal provisions in Iraqi Civil Code and scholars’ opinions in the area of this research."

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  • Published at24 April 2018

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