Tort law at Iraq
Tort law in Iraq is primarily governed by the Iraqi Civil Code of 1951, which is influenced by both Islamic jurisprudence and French civil law traditions. The legal framework addresses various aspects of civil liability, including negligence, causation, and employer responsibility.
⚖️ Legal Framework
1. Iraqi Civil Code of 1951
The Iraqi Civil Code, drafted under the guidance of Abd El-Razzak El-Sanhuri, serves as the cornerstone of Iraq's civil law system. It encompasses provisions related to torts, obligations, and civil liability. Notably, the Code establishes that civil liability generally requires fault (intent or negligence), aligning with the principle of "no liability without fault" .
2. Employer Liability
Article 219(1) of the Civil Code holds government municipalities and commercial entities liable for damages caused by their employees during the course of their service. However, employers can be exonerated if they can prove they exercised adequate control to prevent the injury .
3. Causation and Damage
Iraqi tort law requires a causal link between the defendant's act and the plaintiff's harm. The plaintiff bears the burden of proving this link, except in cases of vicarious liability, where the burden may shift to the defendant. Damages can encompass physical injury, property damage, and non-physical harm.
🧾 Key Tortious Acts
Negligence: Failure to exercise reasonable care, resulting in harm.
Intentional Torts: Deliberate acts causing harm, such as assault or defamation.
Employer Liability: Responsibility of employers for acts committed by employees in the course of employment.
Environmental Damage: Liability for harm caused by environmental pollution, with discussions ongoing about the applicability of traditional tort principles to transboundary environmental damage .
⏳ Limitation Periods
Under Article 170 of the Civil Code, claims for damages arising from torts are subject to a three-year statute of limitations from the date the injured party becomes aware of the damage or its cause. However, the general statute of limitations for civil claims is 15 years, as specified in Article 429 .
🏛️ Judicial System
Iraq's judiciary operates under a civil law system influenced by Islamic principles. The Federal Judiciary oversees civil, criminal, labor, and personal status courts. The Supreme Court, composed of judges with expertise in Islamic jurisprudence, interprets the Constitution and ensures the constitutionality of laws
⚠️ Defenses to Tort Claims
Contributory Negligence: If the plaintiff's own negligence contributed to the harm, it may reduce or eliminate the defendant's liability.
Volenti Non Fit Injuria: If the plaintiff voluntarily accepts the risk of harm, the defendant may not be liable.
Force Majeure: Unforeseeable circumstances that prevent the defendant from fulfilling their duty may serve as a defense.
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