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COLLECTIVE CIVIL LIABILITY “ANALYTICAL AND COMPARATIVE STUDY” (QUOTED) | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 16, Volume 10, Issue 37 part 2, 2021, Pages 410-456 PDF (1.18 M) | ||
| Authors | ||
| Omed Sabah Othman; Mukrian Aziz Muhammed | ||
| Abstract | ||
| 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. | ||
| Keywords | ||
| civil law; Liability; collective | ||
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