Civil liability is one of the fundamental pillars of Iraqi civil law, as It represents the legal mechanism that obliges individuals to compensate for damages caused to others as a result of their actions or negligence. Iraqi Civil Code No. 40 of 1951 provides in Article 169 that: "Any act causing harm to another obliges Its perpetrator to compensate, whether the damage is material or moral, unless It is proven that the act was free of fault or negligence." Furthermore, Article 170 defines cases of civil liability arising from wrongful acts, while Article 171 emphasizes that the damage must be direct and actual In order to warrant compensation. These provisions establish the fundamental principle in Iraqi law: holding every person responsible for the harm they cause to others, whether through direct action or through negligence in fulfilling legal duties. Over time, the application of civil liability has notably evolved due to social and economic changes, with Iraqi courts increasingly attentive to achieving full compensation for the injured party, consistent with the principle of restoring the person to the state they were In before the harm occurred (Article 172). This development has also encompassed cases of psychological harm, such as Insult or defamation, which courts have recognized as compensable damages. The distinction between contractual liability and tortious liability is particularly important. Articles 179, 180, and 181 differentiate between damages resulting from a party’s breach of contractual obligations and damages arising from harmful acts outside the scope of a contract. The law also stipulates the necessity of a causal link between the act and the damage (Article 173) to determine the extent of the perpetrator’s obligation to compensate. In light of this, It is imperative for the Iraqi legislator to update civil liability provisions to include contemporary developments, particularly in areas such as e-commerce and technology, ensuring the protection of civil rights for individuals and society, while balancing traditional legal texts with practical judicial application. Al-Mustaqbal University – the first university in Iraq.
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