Impact of the precautionary principle on civil liability | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 2 part 2, December 2023, Pages 1277-1299 PDF (1017.41 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.143855.1092 | ||
| Author | ||
| Ahmed Issam Mansour Al-Hamid* | ||
| Sumera University Faculty of Law | ||
| Abstract | ||
| The precautionary principle is one of the important and fundamental principles, especially since the wisdom of it is reflected in the prevention and achievement of responsibility, as the precaution on which this principle is built is considered lies in the need to implement it in practice in a clear manner consistent with the purpose for which it was developed, and this principle resonates in environmental legislation and the cost of these legislations and the resulting damage to people, especially since the danger is the possibility of knowing it, as well as the possibility of its occurrence, so the fundamental problem was in the predominance of the probability nature of these hazards or damages, in the light of which this principle has been implemented, This is what led us to present the vocabulary of this principle in detail, so that we dealt within the framework of the implementation of the comparative analytical method, the definition of this principle, its distinction and specificity, then its legal philosophy, and the conditions for its application, and finally the connection of this principle with the elements of civil liability itself, equal to the connection with error or damage, and this is what was disclosed in detail within the framework of The study, and accordingly, we concluded that the Iraqi civil legislator came devoid of regulating this principle, which made us anticipate the position of the legislator and the need to intervene to regulate this principle. | ||
| Keywords | ||
| precaution; civil law; civil liability | ||
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