Document Type : Original Article
Authors
1 Department of Law, College of Law, Sulaymaniyah University, Kurdistan Region of Iraq
2 قسم القانون, كلية القانون, جامعة كرميان, اقلیم کردستان العراق
Abstract
Civil liability is of two types, one of them is contractual, and the second is tortious. The first arises when the legal behavior of its parties is violated, and the second arises if a tort error is committed. The Iraqi, Egyptian and French legislators regulated both forms, but the principle is that these two types of liability, one of them is independent of The other, but both forms may arise from one mistake, when a third party violates the sanctity of legal disposition in collusion with one of the contracting parties, or one of the contracting parties may violate the disposition and this breach causes harm to others.
Comparative legislation, as well as the opinions of jurists and jurisprudence, differ regarding the conditioning of civil liability in the aforementioned cases, and the adaptation differs according to the type of behavior, whether it is unilateral, bilateral, or collective.
It is necessary to mitigate the severity of the principle of the inadmissibility of choosing between contractual and tort responsibilities, especially when the contracting party wants to invoke the contract against the other contracting party and the contract included the clause of exemption from contractual liability.
In writing this research, we followed a comparative analytical approach, and we found that the comparative legislation did not regulate this responsibility, but there is a special project in France called the Katala Project that touched on this responsibility.
We suggested that it is necessary for the Iraqi legislator to intervene to regulate the civil liability resulting from the breach of the principle of invocation by legal action.
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