THE CIVIL LIABILITY OF THE STATE FOR ITS BREACH OF BUILDING AND MAINTAINING THE ROAD NETWORK ''COMPARATIVE STUDY "

Authors

  • Dr. Hashim Ahmed Mahmood Law Department - Dijlah University College

Keywords:

Legal, Law, Public Utilities

Abstract

In this research, we followed the descriptive analytical method by analyzing the legal texts, according to the opinions of jurists and comparing the legislations under comparison.

We will discuss in this research the civil responsibility of the state that damages the individuals as a result of neglecting maintenance work and providing a usable road network, as well as the pillars of this liability through the following requirements:

The first requirement: torti liability of the state.

The second requirement: the pillars of state liability.

References

French Civil Code in Arabic, 108 th edition by Dalloz in Arabic, Saint Joseph University in Beirut, 2009.

Dr. Abdul Majeed Al-Hakim, and others, Al-Wajeez in the Theory of Commitment in the Iraqi Civil Law, Volume 1, Al-Sanhoury Library for Publishing and Distribution, Beirut, 2015.

Ezz El-Din El-Danasori, Abdel Hamid El-Shawarby, Civil Liability in the Light of Jurisprudence and the Judiciary, Dar EL-Matboaat EL-Gameya, Alexandria 2015.

Dr. Hamid Latif, Tort Liability of the Archetect and Contractor during the Implementation of the Construction projects, Al-Sabah Library, Baghdad, 2016.

Dr. Reda Metwally Wahdan, Al-Wajeez in Civil Liability, Dar Al-Fikr and Law, Egypt, 2017 AD.

Dr. Jassim Lafta Salman Al-Aboudi, Interventions in the Cause of Damage tortuously, Al-Jeel Al-Arabi Library, Iraq, 2005.

Kazem Mutashar Al-Zubaidi, Civil Liability Arising from Car Accidents in Iraq, Comparative Law Press, Baghdad, 2020.

Dr. Hashim Ahmed Mahmoud, Al-Wajeez in Civil Liability for Damage to Nuclear Reactors , Dar Miser for Publishing and Distribution, Alexandria, 2020.

Dr. Nabil Ibrahim Saad, The General Theory of Commitment - Sources of Commitment, Dar Elgamma Elgadida , Alexandria

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Published

2021-12-21

How to Cite

Dr. Hashim Ahmed Mahmood. (2021). THE CIVIL LIABILITY OF THE STATE FOR ITS BREACH OF BUILDING AND MAINTAINING THE ROAD NETWORK ’’COMPARATIVE STUDY ". European Scholar Journal, 2(12), 77-83. Retrieved from https://scholarzest.com/index.php/esj/article/view/1623

Issue

Vol. 2 No. 12 (2021): ESJ

Section

Articles

License

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.