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Civil Liability Towards Unity of Subject and Duality of Form (An Analytical Legal Study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 14, Issue: 2 part 1, September 2024, Pages 1016-1033 PDF (721.54 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.151617.1303 | ||
| Author | ||
| Layth Hayder Ajjah* | ||
| Ministry of Education: Al-Qadisiyah Education | ||
| Abstract | ||
| This study examines the recent reforms to the contract law in France, as a series of amendments were made to the civil law and included within what is known as the contract law, the revised section of which entered into force on October 1, 2016 and the other section in the year 2018. The research deals with the main innovations of French law with reference and comparison. With Iraqi law, which has not witnessed any amendment since its entry into force in 1951, The study includes an analysis of the amendment adopted by the French legislator and whether the unification of liability provisions can be adopted in the Civil Code after it, the Basic Law of Private Laws. The new approach of the French legislator, which establishes the unity of "civil liability" in its "contractual and non-contractual" forms, is an approach based on a set of unified elements regarding the pillars of liability that establish "harm" and exclude the "theory of error". Although this approach has been praised by jurisprudence, it has been subject to criticism. The judicial institution in France has faced a challenge in strengthening the elements of this formal and substantive unity, in addition to the role of jurisprudence in enriching it and revealing its strengths and weaknesses. Was the French legislator successful in this? And what is the reflection of this approach on Arab legislations such as Iraq? | ||
| Keywords | ||
| Civil liability; tort; contractual liability; non-contractual liability; French law | ||
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