Civil Liability under the Iraqi Civil Law

Abstract

Liability is divided into two categories: moral liability and legal liability.The first arises from the breach of a moral duty, which occurs when a person violates a moral, ethical, or religious rule. This type of liability exists even if no actual harm has happened. It is a responsibility before God first, and before one’s conscience second. It is well known that the scope of morality is broader than that of law.

The second category, legal liability, arises from the breach of a legal duty or the violation of a rule of law. Its scope is narrower when compared to moral liability, as it is limited to an individual’s conduct toward others and society. Legal liability is further classified into international, administrative, disciplinary, criminal, and civil liability.

Legal scholars distinguish between two types of civil liability: contractual liability and tort liability. Civil liability is considered one of the most essential pillars of the legal and social order, as every sane natural person is responsible for their actions, statements, and conduct. This means they are obligated to respect legal and social rules in their interactions with others and to refrain from causing them harm or damage. If such laws are not observed, the person is subject to penalties and required to compensate the party that has suffered damage.