The Civil Liability of the Engineer’s Representative from Professional Negligence in the Iraqi Law

Salahuddin Ali, younis (2024) The Civil Liability of the Engineer’s Representative from Professional Negligence in the Iraqi Law. In: 8th International Legal Issues Conference (ILIC8), 1-2. February 2024, Tishk International University-Erbil.

[thumbnail of Conference Paper] Text (Conference Paper)
Artical_ILIC_01-02-2024.pdf - Published Version
Available under License Creative Commons Attribution Non-commercial No Derivatives.

Download (589kB)

Abstract

The Iraqi civil law No. (40) of 1951 regulates the civil liability and sub-categorized it into two sub-branches: the contractual liability and the tortious non-contractual liability arising from wrongful or illegal act. It also regulates the civil liability of both the architect and the contractor, but it does not contain particular rules regulating the civil liability of the engineer's representative, or the so-called the resident engineer. despite the significant role he or she plays in supervising
the civil engineering works. Therefore, we will make an effort in this research to shed light on tortious non-contractual liability of the engineer's representative arising from professional negligence. It is to be noted that the problem of this piece of research lies in the idea that the Iraqi civil legislator has not regulated the civil liability of the engineer's representative in particular, in
spite of being important. Because his or her duties, authorities and powers can be changed from time to time by written notification and delegation from the engineer, besides the intervention between the engineer's representative's duties, authorities and powers with those of the original engineer, in conformity with the clauses of the general conditions for contract of civil engineering
works of 1987 still in force. It is worth-bearing in mind that this research has followed the descriptive analytical methodology of scientific legal research. After discussing the topic, the study suggests some relevant recommendations to the Iraqi legislator, the most important of which is
the suggestion of a legal regulation of the joint liability of both of the engineer and his or her
representative

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: engineer's representative, civil liability, professional negligence, non-contractual liability, resident engineer, illegal act
Subjects: H Social Sciences > H Social Sciences (General)
Divisions: Department of Business Administration > Research papers
Depositing User: ePrints Depositor
Date Deposited: 21 Nov 2024 19:48
Last Modified: 21 Nov 2024 19:48
URI: https://eprints.cihanuniversity.edu.iq/id/eprint/2771

Actions (login required)

View Item
View Item