The Basis Of Civil Liability For Oil Pollution In Iraqi Law

  • Ali Kadhim Jawad
Palabras clave: civil liability, environmental pollution, environmental damage, compensation

Resumen

Environmental damage is considered to be of a special nature, and therefore the general rules contained in the Iraqi Civil Law No. 40 of 1951 may not be sufficient to determine the value of compensation for damage resulting from environmental pollution. The legislator has not explicitly addressed the legal basis for environmental damage, but can resort to the rules The public con- tained therein to determine the basis for this responsibility in addition to what is stated in the Law for the Protection and Improvement of the Environment No. (27) for the year 2009, which is based on the existence of a fault and dam- age and a causal relationship between them, whether the cause of the damage is a natural or legal person with the possibility of amending the laws in force to determine the basis of civil liability Contamination E oil SAVING damaged rights, as well as in general environmental protection.

Biografía del autor/a

Ali Kadhim Jawad
Department of Legal Administration, Technical Institute for Administration, Middle Technical University, Ministry of Higher Education and Scientific Research of Iraq

Citas

(Esmat Abdel-Majid, Sources of Commitment in Civil Law, Legal Library, First Edition, Baghdad, 2007)

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Adnan Al-Sarhan and Nuri Khater, Explaining the Civil Law, Sources of Personal Rights, Dar Al-Thaqafa, Amman, 2005.)

(Abdel-Razzaq Al-Sanhouri, Mediator in Explaining the Civil Law, Sourc- es of Commitment, Part One, Dar Al-Ahyaa al-Arabiyya, Beirut, 1982.) Naif Al-Mathan, Civil Liability for Environmental Damages in Jordani- an Law and Comparative Law, PhD Thesis, Amman Arab University for Graduate Studies, Jordan. 2006.)

(Raed Al-Nimr, Guards in Responsibility for Doing Things, (Comparative Study), PhD thesis, College of Graduate Studies, International Islamic Sci- ence University, Jordan. 2014.)

(Mohamed Abdin, Compensation between contractual and default liabili- ty, University Press House, Alexandria, 1985.)

(Said Kandil, Mechanisms of Compensation for Environmental Damages, Dar Al-Jami’a, Al-Jadida Publishing, Alexandria, 2004).

(Abdel-Rahman Kassab, Civil Liability Resulting from Environmental Pollution, Master Thesis, Mu’tah University. 2006)

(Nael Masadeh, harm in the harmful act according to Jordanian law (a comparative study), Al-Manara Magazine, Al Al-Bayt University, Volume 12, No. 3, Jordan, 2006.)

Solomon Marcus, Explaining the Civil Law (On Obligations), The Inter- national Press, Cairo. 1964)

Iraqi Civil Law No. 40 of 1951

Iraqi Environmental Protection and Improvement Law No. (27) of 9200

Publicado
2019-08-13
Cómo citar
Kadhim Jawad, A. (2019). The Basis Of Civil Liability For Oil Pollution In Iraqi Law. Opción, 35, 1214-1230. Recuperado a partir de https://produccioncientificaluz.org/index.php/opcion/article/view/31657

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