The tort liability of the beneficiary of prior knowledge of legislative and administrative acts (comparative analytical study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 14, Volume 13, Issue : 2 part 1, September 2023, Pages 375-420 PDF (997.27 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.140804.1014 | ||
| Authors | ||
| solin mohamed Taher Fazel* 1; dahir majeed Qader2 | ||
| 1College of Law/ Salahaddin University/ Erbil | ||
| 2كلية القانون- جامعة صلاح الدين- أربيل | ||
| Abstract | ||
| This research revolves around the tort liability of persons who benefit from prior knowledge of legislative and administrative acts. The nature of this research required its distribution on the preliminary requirement and two sections. The first section was devoted to the concept of tort liability, while the second section was devoted to the position of comparative legislation of tort liability of the beneficiary. The research has found that the beneficiary's liability is in tort in comparative legislation. We proposed to the Iraqi legislator to include a particular text in the Civil Code so that it grants the right to everyone affected by the legal actions he undertakes on a specific issue related to legislative or administrative acts, either to rescind the action or claim compensation for the damage suffered as a result of the act, for a specific period, such as three months from the date of entry into force of the new legislation or the entry into force of administrative work, if it is proven that The party with whom the transaction was concluded had prior knowledge that such legislation would be passed or that the administration would take such a step | ||
| Keywords | ||
| the civil responsibility; ،tort laibility; ؛; ،benefieed | ||
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