The Provisions of Compensation in Iraqi Civil Law and the Position of Punitive Damages Cover Image

The Provisions of Compensation in Iraqi Civil Law and the Position of Punitive Damages
The Provisions of Compensation in Iraqi Civil Law and the Position of Punitive Damages

Author(s): Al Jashami Muhammed Khariy QSAIR
Subject(s): Criminal Law, Civil Law, Evaluation research
Published by: Editura Universitaria Craiova
Keywords: punitive; compensation; tort; damage; civil;

Summary/Abstract: Compensation is a penalty determined by the law for the civil liability officer in each of them (contract and harm) for the benefit of the person who suffered the damage and cannot be determined before the error occurs but is left to the court to be determined according to the criteria that take into account the seriousness of the fault and behavior of the defendant. States, including Iraq and France, adopt the principle of full compensation, but developments on the economic side as well as the tendency of some courts to apply the idea of punitive damages as a means of deterrence and the method of punishment allow for the possibility of applying punitive damages in Iraqi laws and specifically in recent decisions of the courts in some Libel cases. This research attempts to shed light on the current situation of punitive damages in Iraqi law and its compatibility with the practices of other countries. The research relies on comparative methodology and analysis of legal texts.

  • Issue Year: 2018
  • Issue No: 57
  • Page Range: 131-140
  • Page Count: 10
  • Language: English