توزيع المسؤولية والضمان وأحكامه في القانون المدني العراقي

Volume 1 , Issue 1 , September 2013 , Pages 218-242

Authors

بمو برويز خان الدلوي 1 ; إسماعيل نامق حسين 1

1 فاكلتي القانون والسياسة-جامعة السليمانية

DOI logo 10.17656/jlps.10020

Keywords

Abstract

The Distribution of Responsibility and Guarantee and its rules in Iraqi Civil Code

Sometimes, in doing a mistake or a tort, more than a person, or let’s say a group, will be included. In this case, all members should equally participate in finding a sufficient solution for it. The responsibilities for each person would be distributing according to some precise measures and rules. 

Additionally, the responsibilities should be distributed based on the role that each member had in doing the mistake. But, for those who hadn’t participated in the mistake, there should not be any responsibility for them. So the result would be contributed between guarantors without regarding to their actions.

The aim of distributing responsibilities and guaranties is to plant justice among the individuals in the society. As the result, the law would be pushed to deal with the case fairly, and sometimes unfairly. 

Unfortunately, the Iraqi civil law didn’t deal with this case properly. Although they gave somehow of good efforts, it is not enough and still needs more work. So, I, as a researcher and somehow expert in my field, private law, came up with this research. I hope you all get benefit from it.

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  • Published at1 September 2013

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