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Civil liability for the worker and the possibility of mitigation | ||
| journal of legal sciences | ||
| Article 1, Volume 20, Issue 1, 2005, Pages 48-69 | ||
| Author | ||
| D. Aziz al-Khafaji | ||
| Abstract | ||
| When the worker liable to the employer for physical damage generated by him or not, as a result of this mistake is there special rules governing such liability or apply the general rules of the responsibility? Subject to contract work to a legal system essential, and at odds with civil contracts other and even nearby, which are subject to the provisions of the Civil Code, a contract entrepreneurship and agency contract, or which are subject to the provisions of the Commercial Code as a contract company, although these contracts consistent with the employment contract of the fact that the theme is action. The basis of this fundamental legal regulation contradictory to the employment contract with other contracts is the legal standard accessory which would put working under the authority and supervision of the employer when Ativh work. If legal dependency is based on the distinction between contract work and other similar contracts, means the possibility of the existence of special rules for the employment contract, may differ from the legal rules governing the civil liability provisions in other contracts. Iraqi project, both at the level of civil law or at the level of the labor law, stressed the application of the general rules of civil liability on Alsúlah civilian workers toward the employer or direction of others. The research topic is divided into two principles: The first topic: determine the legal nature of the civil liability of the worker. The second topic: Working protection against civil liability resulting from the work. | ||
| Keywords | ||
| Civil liability for the worker and the possibility of mitigation | ||
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