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March 18, 20260 citations

Effects of the preventive function of civil liability

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HShussein shawwatUniversity of Al-QadisiyahZMZaman MasirUniversity of Al-Qadisiyah

Key Points

  • This research aims to explore the role of the preventive function of civil liability beyond its compensatory aspects.
  • Examine the legal framework surrounding civil liability and its functions.
  • Analyze cases of preventive lawsuits and their outcomes.
  • Discuss the implications of preventive liability in managing risks.
  • Identified key differences between compensatory and preventive liability outcomes.
  • Highlighted challenges in establishing preventive lawsuits within current legal practices.
  • Showed potential benefits of embracing preventive liability to mitigate risks before damage occurs.

Abstract

In this study, we will examine the effects of the preventive function, given that civil liability, in its usual form, is based on compensation. However, the request for prevention will lead to a civil lawsuit that is proportionate in its interest and purpose to the objective of the function for which civil liability exists. The problem of this study is represented in looking at the other function of civil liability after the compensatory function emerged as the basic function in an attempt to keep pace with civil liability, the multiple and emerging risks and the importance of avoiding them early, through prior liability for damage in order to prevent it, which results in liability for the unusual, which creates difficulty in determining its work, as the liability on which this function is based is not traditional civil liability, but rather preventive liability. So what is the ability to file a lawsuit in light of the possibility only, and what can be obtained from the result of this lawsuit to achieve the preventive goal, given that the result of traditional liability is compensation for the damage, which will lead to a civil lawsuit independent of the usual in light of the absence of interest in the Civil Procedure Law on it, and the resulting difference in the results of this lawsuit. These problems and others will be addressed within the framework of this research.

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Cite This Study

shawwat et al. (2025) studied this question.

synapsesocial.com/papers/69ba43694e9516ffd37a4938https://doi.org/10.63677/jqlap.2025.159422.1319
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