The College of Law at the University of Baghdad discussed a master’s thesis in the private law branch of student Zainab Muhammad Najm, tagged with (the legal regulation of civil liability resulting from negligence, a study in the light of English law) on Sunday 4/9/2022 in the model courtroom in the college.
The discussion committee consisted of the experienced Prof. Dr. Abbas Zaboun Al-Aboudi as Chairman, Prof. Dr. Adel Shamran Hamid as a member, Assistant Professor Dr. Ali Mutashar Abdul-Saheb as a member, and Prof. Dr. Haider Falih Hassan as a member and supervisor.
The thesis aims that the provisions related to tort liability are one of the most prominent topics within the framework of civil law, due to the practical importance represented in the settlement of disputes that arise from the unlawful behavior of individuals that cause harm to others.
The thesis also included three chapters, the first of which dealt with the historical development of negligence and its definition, the second chapter, the pillars of civil liability resulting from negligence, and the third chapter dealt with the effects of realizing civil liability resulting from negligence.
The most important recommendations of the study are to amend the text of Article (204) of the Iraqi Civil Code, which is related to compensation for harm to others, infringement in behavior, and make it comprehensive for both positive and negative behavior, The Iraqi legislator must take advantage of what is contained in English law from the cases of imposing responsibility for negative behavior resulting from negligence, taking into account personal considerations when applying the standard of the usual man, similar to what is followed in English law, such as the age of the defendant or his weak will.
