International arbitration is considered a reason for including the punitive mechanisms known in Anglo-Saxon laws in civil law in countries with a mixed system, including Iraqi law.
الباحث الأول:
Ammar Karim Al-Bsherawy
الباحثين الآخرين:
Kawther Dahir Kadhim Al-khazali
المجلة:
مجلة علمية تصنيف سكوباس
Migration Letters
تاريخ النشر:
20 نوفمبر، 2023
مختصر البحث:
Abstract
This study explores the unification of patterns of civil liability in public law systems and
its impact on creating obligations in private law systems, as it is based on the objective
theory of the essence of civil liability based on the…
Abstract
This study explores the unification of patterns of civil liability in public law systems and
its impact on creating obligations in private law systems, as it is based on the objective
theory of the essence of civil liability based on the unification of its patterns, which in
turn is based on damage in evaluating and estimating compensation without regard to
error, in order to alleviate the burden of the party—the injured person in terms of his
proof of the official’s mistake. We overcome the burden of proving mistakes within the
scope of civil liability unification. We will explain to him how the theory of unification of
civil liability in civil law systems contributes to recognizing the obligation to mitigate
damage in French law systems.
