On Thursday, May 2, 2024, the College of Law at Fallujah University discussed its doctoral thesis in private law entitled “Reforming the Tort Liability System in Iraqi Civil Law.”
The thesis submitted by the researcher Ahmed Khairy Ahmed, and supervised by Prof. Dr. Hammad Abd Shield, the importance of the tort liability system and its impact on daily life, as it is one of the most problematic and developed legal systems, highlighting that it is an area of continuous research and diligence, especially in light of the rapid economic, social and technological developments.
The discussion committee was chaired by Prof. Dr. Saad Hussein Abd, and its membership included Prof. Dr. Suleiman Barak Dayeh, Prof. Dr. Saddam Faisal Cooks, A.M.D. Samira Hussein Mohsen, and A.M.D. Ahmed Mohamed Siddiq.
The thesis indicated that there are different views among jurists and judges about the legal basis for tort liability, between those who see the necessity of proving fault in order to be held accountable, and those who see the necessity of compensation for any harm caused to others.
The thesis touched on the point of view of Islamic jurisprudence in the field of the tort liability system, which distinguishes between direct and causal action, and this distinction has had implications in terms of the right of the injured party to obtain compensation or not.
The thesis also showed that the Iraqi legislator was greatly influenced by the idea of error in his regulation of tort liability, with an attempt to formally keep pace with Islamic jurisprudence. The thesis concluded that it is necessary for the Iraqi legislator to intervene more to reform the tort liability system in Iraqi civil law, in line with life developments in various fields.
Department of Media and Government Communications
