اصلاح نظام المسؤولية المدنية

Abstract

This article delves into the pressing need for reform within the civil liability system in Iraqi law. The existing rules, crafted in 1951, no longer align with the demands of our modern era. These outdated regulations must adapt to the prevailing technical and economic realities, mirroring the evolution of advanced liability systems worldwide. The study advocates a comprehensive reform initiative, urging the Iraqi legislature to take heed of its recommendations. It focuses on the challenges to the identity and function of civil responsibility in the face of contemporary changes. In terms of identity, it calls for a clear distinction between civil liability and contractual guarantees. Functionally, the research suggests harmonizing the roles of compensatory and social civil responsibility, viewing civil liability as a key tool for societal behavior regulation. Furthermore, the article underscores the importance of technical organization, emphasizing the need for revising and categorizing texts related to civil liability to reflect the redefined identity and function.