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Restricting the Right of the Injured Party to Choose the Means of Compensation ((A Study in Light of Iraqi Judicial Jurisprudence | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 28, Volume 17, Issue: 1 part 2, June 2026, Pages 629-644 PDF (418.39 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2026.170664.1581 | ||
| Author | ||
| Aseel Najim Abdullah* | ||
| University of Dhi Qar / College of Law | ||
| Abstract | ||
| This research aims to study the extent of the freedom of the injured in choosing the means of compensation in the Iraqi Civil Law, and the limits of what the court has in directing this choice, and proceeds from a basic observation that the Iraqi legislator decided the monetary origin, and left other non-monetary forms to the discretion of the court ((depending on the circumstances)), which opens the scope for uneven application, and the study adopted the analytical approach to the relevant legal texts, coupled with the analysis of the decisions of the Federal Court of Cassation related to the subject, the study revealed that the criterion ((circumstances)) turned in judicial application into practical controls that restrict the will of the injured in practice when choosing the means, and he recommended clarifying the controls on the reversal of the monetary asset legislatively, and the need to take into account the adequacy of compensation when restricting the choice of its means, so that the judiciary does not end up with an alternative that does not adequately absorb the damage.. The study on this topic is divided into an introduction, two sections, and a conclusion. In the first section, we will discuss the shortcomings of the legislative organization in prioritizing means of compensation despite the establishment of the monetary basis. In the second section, we will examine the applications of the Iraqi judiciary in restricting the right of the injured party to choose a means of compensation s. | ||
| Keywords | ||
| Monetary Compensation; In-Kind Compensation; Method Of Compensation; Circumstances Criterion; Injured Party | ||
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