Reforming the Tort Liability System of Superordinate For the Actions Of Subordinate

Abstract

    The Iraqi legislator dealt with the responsibility of the superordinate for the actions of his subordinate in Article (219) of the Iraqi Civil Code، and based it on the occurrence of an assumed mistake on the part of the subordinate and an mistake on the part of the superordinate، which is represented in not performing the duty of supervision and guidance on the subordinate، resulting from the existence of a relationship between the subordinate and the superordinate. it was presented The attitude of the Iraqi legislator regarding arising the responsibility of the superordinate on the basis of the supposed mistake has led to several criticisms that require the need to address them، and to reform the tort liability system of the superordinate for the actions of his subordinate in a way that achieves justice for all parties، especially in light of the existence of an integrated theory in Islamic jurisprudence that might assist in providing the best solutions to reform this responsibility، through Establishing tort liability basing on action and causation، and considering  mistake maker a guarantor even if he does not transgress، and the one who causes it is not liable unless he transgresses، and in case  of their combination، the liability falls on the director in general، and on both of them in exceptional cases