Time to assessthe damage in Iraqi Civil Law (Study on the consistency of the legislative text in the requirement of full compensation for damage According to recent legislative trends in civil liability)
Workplace - Ministry of Higher Education and Scientific Research/Department of Studies and Planning
Abstract
In the event of damage not being fixed and changing, as it is not assumed that the damage remains fixed and stable from the time it occurs until the time of the ruling to compensate for it, the size and amount of the damage may change, whether by increase or decrease, as is the case with many physical damages. The change may be in the value of the damage, whether by increase or decrease, depending on the change in the value of money due to economic conditions. This change may occur before the ruling is issued, i.e. from the time of the damage to the time of the ruling to compensate for the damage. Here lies the difficulty in determining the time that should be taken into account in estimating the damage and determining the equivalent compensation for it according to the principle of equivalence between compensation and damage. In our modest study, we followed the comparative analytical approach by analyzing the legal texts in Iraqi and comparative legislation and explaining the applications of the Iraqi judiciary and the path of comparative judiciary. The aim of the study is to review the legal texts in civil law and special laws in some cases to determine the extent to which the Iraqi legislative text and its judicial applications, represented by the Federal Court of Cassation, keep pace with legislative developments in the field of civil liability and compensation for damage in particular
Al Sudani,K Fadal jasem. (2024). Time to assessthe damage in Iraqi Civil Law (Study on the consistency of the legislative text in the requirement of full compensation for damage According to recent legislative trends in civil liability). AL-Qadisiya Journal For Law and Political Sciences, 15(Issue: 2 part 1), 557-574. doi: 10.63677/jqlap.2024.185019
MLA
Al Sudani,K Fadal jasem. "Time to assessthe damage in Iraqi Civil Law (Study on the consistency of the legislative text in the requirement of full compensation for damage According to recent legislative trends in civil liability)", AL-Qadisiya Journal For Law and Political Sciences, 15, Issue: 2 part 1, 2024, 557-574. doi: 10.63677/jqlap.2024.185019
HARVARD
Al Sudani K Fadal jasem. (2024). 'Time to assessthe damage in Iraqi Civil Law (Study on the consistency of the legislative text in the requirement of full compensation for damage According to recent legislative trends in civil liability)', AL-Qadisiya Journal For Law and Political Sciences, 15(Issue: 2 part 1), pp. 557-574. doi: 10.63677/jqlap.2024.185019
CHICAGO
K Fadal jasem Al Sudani, "Time to assessthe damage in Iraqi Civil Law (Study on the consistency of the legislative text in the requirement of full compensation for damage According to recent legislative trends in civil liability)," AL-Qadisiya Journal For Law and Political Sciences, 15 Issue: 2 part 1 (2024): 557-574, doi: 10.63677/jqlap.2024.185019
VANCOUVER
Al Sudani K Fadal jasem. Time to assessthe damage in Iraqi Civil Law (Study on the consistency of the legislative text in the requirement of full compensation for damage According to recent legislative trends in civil liability). AL-Qadisiya Journal For Law and Political Sciences. 2024;15(Issue: 2 part 1):557-574. doi: 10.63677/jqlap.2024.185019
