Tolerable damage concept and sources

Hussein, Benin Khaled Mazhar; Naser, Abdulmahdi Kadhim

doi:10.63677/jqlap.2024.184982

	Tolerable damage concept and sources
AL-Qadisiya Journal For Law and Political Sciences
Volume 15, Issue: 2 part 2, December 2024, Pages 805-828 PDF (875.99 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2024.184982
Authors
Benin Khaled Mazhar Hussein^* ¹; abdulmahdi kadhim naser²
¹Faculty of Law, Al-Qadisiyah University
²Al-Qadisiyah University/College of Law
Abstract
The general rule in civil laws is to establish contractual or tortious civil liability when its elements are present. However, damage —which is seen as the focus and scope of liability, may be tolerated, and this leads to the exemption from the civil liability itself as a consequence of tolerating the damage, which is one of its most important pillars, so all or part of the liability The importance of the study topic stems from the importance of damage as a cornerstone for the establishment of civil liability and the importance of this liability, which is considered the way to give every person his right and according to which the damage is redressed and the injured party is compensated. Despite the importance of the damage in this, it may be tolerated and then tolerated in the resulting civil liability. The problem of the topic is represented in the inability of the legislator to limit all legal cases and applications in which the idea of tolerance for some damages was mentioned, and to enact a general theory for these damages in which these applications are collected under one umbrella. Most of what was found in the legislative texts are scattered applications in Iraqi civil law and the laws subject to comparison. In light of this legislative ambiguity, legal studies also did not include the tolerated damage in their legal research, which led to the lack of a concept of this damage.
Keywords
damage; tolerance; civil liability; fair compensation

Statistics Article View: 782 PDF Download: 83