The legal basis for civil liability arising from traffic accidents in Iranian and Iraqi law

Abstract

 Today, losses resulting from traffic accidents constitute a large part of human losses and damages. Among them, civil liability arising from them is one of the most important discussions arising from this phenomenon. And one of the most important aspects of this discussion is the search for the basis of this liability, which leads to the identification of the person responsible for compensation. The aim of this research is to solve this problem in the legal systems of Iran and Iraq, which is carried out using a descriptive, analytical and comparative method. According to the findings of this research, the basis of civil liability of the driver of the vehicle in both legal systems is wasting. To begin, it should be noted that Iraq generally relies on Traffic Law No. 8 of 2019 for traffic regulation. This law serves as the primary framework, defining traffic rules, vehicle operating requirements, driver responsibilities, and penalties for violations. However, despite its comprehensiveness, this law lacks explicit provisions regulating electric vehicles, neither in terms of their technical specifications nor the nature of civil liability arising from their use. This creates a legal vacuum that requires addressing, either through amending existing legislation or enacting specific laws for smart and electric vehicles.