The Civil Liability of the Engineer’s Representative from Professional Negligence in the Iraqi Law
Keywords: engineer’s representative, civil liability, professional negligence, non-contractual liability, resident engineer, illegal act.
PROCEEDINGS OF 8th INTERNATIONAL LEGAL ISSUES CONFERENCE
Faculty of Law , Tishk International University
Date:1-2. February 2024
Venue: Kurdistan Region- Erbil
ISBN: 979-8-9890269-1-3
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Asst. Prof. Dr. Younis Salahuddin Ali
College of Law and International and Diplomatic Relations
Cihan Private University
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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.
References
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