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Effects of the preventive function of civil liability | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 28, Volume 16, Issue: 1 part 2 / 2, June 2025, Pages 555-570 PDF (775.24 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.159422.1319 | ||
| Authors | ||
| hussein obeid shawwat* 1; Zaman Salman Masir2 | ||
| 1College of Law, Al-Qadisiyah University | ||
| 2College of Law, University of Al-Qadisiyah | ||
| Abstract | ||
| In this study, we will examine the effects of the preventive function, given that civil liability, in its usual form, is based on compensation. However, the request for prevention will lead to a civil lawsuit that is proportionate in its interest and purpose to the objective of the function for which civil liability exists. The problem of this study is represented in looking at the other function of civil liability after the compensatory function emerged as the basic function in an attempt to keep pace with civil liability, the multiple and emerging risks and the importance of avoiding them early, through prior liability for damage in order to prevent it, which results in liability for the unusual, which creates difficulty in determining its work, as the liability on which this function is based is not traditional civil liability, but rather preventive liability. So what is the ability to file a lawsuit in light of the possibility only, and what can be obtained from the result of this lawsuit to achieve the preventive goal, given that the result of traditional liability is compensation for the damage, which will lead to a civil lawsuit independent of the usual in light of the absence of interest in the Civil Procedure Law on it, and the resulting difference in the results of this lawsuit. These problems and others will be addressed within the framework of this research. | ||
| Keywords | ||
| Prevention of harm; contingent interest; class action; preventive injunction; civil penalty | ||
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