قواعد المسؤولية المدنية المشتركة بين القانون المدني وقانون الأحوال الشخصية العراقي

Abstract

Abstract

    Numerous jurisprudential and legal principles have been explicitly recognized by the law in the texts of various civil and personal status legislations, including Iraqi law, which is the focus of our study. These principles primarily centre on establishing liability within public and family relations. One of these fundamental principles is the concept of "no harm and no infliction of harm." Individuals who exercise their rights, whether through contracts or other means, have a responsibility not to misuse those rights. Hence, cases of liability for negligence may arise in the context of marriage contracts, separate from the examination of contractual responsibilities that the spouses recognize within the contract under the category of "fulfilment of contracts." Therefore, causing harm or being responsible for harm to the other party, for instance, unjustified termination of an engagement, arbitrary divorce, separation, or frequent disputes, all result in liability and, as a consequence, the requirement to provide compensation. Based on our research, we discovered that these provisions are founded on a set of shared principles affirmed and emphasized by both civil law and personal status law. As a result, both Iraqi legal frameworks have played a role in recognizing the principles of civil liability (which are contractual) within marriage contracts and their preliminary stages (engagement).. These provisions were undoubtedly introduced to safeguard the family structure and the well-being of future generations. This preservation is rooted in the righteousness of parents, their sense of responsibility, and their ability to overcome life's obstacles and challenges.

Keywords: Civil Liability, Shared Principle, Harm, Compensation, Husband, Engagement, Divorce, Separation, Compensation Mitigation.