Civil Liability for Environmental Damage in Iraqi Law

Abstract

The research has clarified civil liability for environmental damage in light of civil liability and the extent to which the elements of tort liability and contractual liability in their traditional form fail to be understood as a basis for civil liability for environmental damage, which prompted jurisprudence to search for other modern foundations through which compensation for environmental damage can be achieved. Among the most important of these forms are the theory of the harms of unfamiliar neighbors and the theory of bearing burdensIt clarified the legal basis followed by the Iraqi legislator as a basis for civil liability for environmental damage, which is the supposed mistake and the best thing that the customary legislator did in the Iraqi Environmental Protection Law, but there are images that this basis cannot accommodate, even if they cannot be accommodated through the traditional foundations stipulated in the Iraqi Civil Law.