- All Journals
- Al-Qadisiyah University
- Basrah University
- Kirkuk University
- Mosul University
- The Iraqi Borad for Medical Specialization
- University of Anbar
- University of Technology
- Al Mustafa University
- Al-Zahraa University for Women
- Alnoor University
- Kunooz University
- Misan University
- Ninevah University
- Tikrit University
- University of Al-Hamdaniya
- University of Kerbala
Time to assessthe damage in Iraqi Civil Law (Study on the consistency of the legislative text in the requirement of full compensation for damage According to recent legislative trends in civil liability) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 15, Issue: 2 part 1, September 2024, Pages 557-574 PDF (473.54 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2024.185019 | ||
| Author | ||
| Kawthar Fadal jasem Al Sudani* | ||
| Workplace - Ministry of Higher Education and Scientific Research/Department of Studies and Planning | ||
| Abstract | ||
| In the event of damage not being fixed and changing, as it is not assumed that the damage remains fixed and stable from the time it occurs until the time of the ruling to compensate for it, the size and amount of the damage may change, whether by increase or decrease, as is the case with many physical damages. The change may be in the value of the damage, whether by increase or decrease, depending on the change in the value of money due to economic conditions. This change may occur before the ruling is issued, i.e. from the time of the damage to the time of the ruling to compensate for the damage. Here lies the difficulty in determining the time that should be taken into account in estimating the damage and determining the equivalent compensation for it according to the principle of equivalence between compensation and damage. In our modest study, we followed the comparative analytical approach by analyzing the legal texts in Iraqi and comparative legislation and explaining the applications of the Iraqi judiciary and the path of comparative judiciary. The aim of the study is to review the legal texts in civil law and special laws in some cases to determine the extent to which the Iraqi legislative text and its judicial applications, represented by the Federal Court of Cassation, keep pace with legislative developments in the field of civil liability and compensation for damage in particular | ||
| Keywords | ||
| Damage assessment; Iraqi civil law; consistency of legislative text; requirement of compensation; civil liability | ||
|
Statistics Article View: 256 PDF Download: 74 |
||