Adapting civil liability for damages caused by a child with autism (spatial and temporal scope)

Abstract

This research addresses the legal characterization of civil liability for damages caused by a child with autism under the provisions of Iraqi civil law, with a focus on identifying the legal basis of such liability and defining its spatial and temporal scope. The problem lies in the absence of explicit legal regulation governing this situation, which raises questions بشأن whether liability rests with the child himself or shifts to the guardian or the person responsible for supervision. The study adopts both the analytical method, through examining relevant legal texts, and the descriptive method, to explain the nature of autism spectrum disorder. It concludes that civil liability in this context is based on a dual system that combines the absence or limitation of the child’s personal liability due to lack of full awareness, with the imposition of liability on the supervisor based on presumed fault. This liability is closely linked to the existence of actual supervision in both time and place.

This research employs an analytical approach, analyzing relevant Iraqi legal texts, alongside a descriptive approach aimed at clarifying the nature of autism and comprehensively defining the legal status of children with autism.

The researcher divided the study into two sections. The first section, "The Legal Framework for Civil Liability for Damages Caused by Children with Autism," comprises two subsections: the first addresses the concept of civil liability in relation to children with autism, and the second examines the basis for civil liability for damages caused by children with autism. The second section, "The Spatial and Temporal Scope of Civil Liability for Damages Caused by Children with Autism," also includes two subsections: the first addresses the spatial scope of civil liability, and the second addresses the temporal scope of civil liability.