Tort Liability for Drug Damage A Comparative Study between the Civil Code of the State of New York and the Iraqi Civil Code
DOI:
https://doi.org/10.35246/yfcnq284Keywords:
Drug Victim Compensation, Tort liability, Drug damageAbstract
Relying on criminalization and punishment to combat drug abuse is insufficient. It must take multiple legal dimensions. Civil law must play an effective and influential role alongside the legal system addressing drug-related harms, through tortious liability rules to remedy such harms. This will provide civil deterrence alongside criminal deterrence. Civil law can define the scope of these victims by establishing the legal basis for compensation based on tortious liability rules. Establishing the right to civil compensation for drug victims requires a logical legal basis that facilitates the victim's proof and adjudication before civil courts. Tortious liability can be another legal means of imposing financial penalties to combat this harmful act (illicit drug trafficking) and provide redress for victims harmed by drugs.
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References
First: Books
I. I. Dr. Hussein Amer, Abdul Rahim Amer, Civil liability (tort and contract), Dar Al-Maaref, first edition, 1979, Cairo
II. II. Saman Fawzi Omar, Sardar Ali Aziz, "Complementarity and Contradiction between Civil and Criminal Law," a study published in the Scientific Journal of Cihan University, Al-Simaniyah, Volume 4, Issue 2, 2020.
III. III. Dr. Ayad Abdul Jabbar Maluki, "Civil Liability," Babel Press, Baghdad, 1980.
IV. IV. Dr. Ibrahim Al-Dasouqi, "Exemption from Civil Liability in the Event of a Road Accident," Cairo University, Dar Al-Nahda
V. V. Dr. Muhammad Labib Shanab, "Civil Liability," Al-Nahda Al-Masriya Library, Cairo, Egypt, 1957
VI. VI. Dr. Muhammad Misbah Muhammad, "The Presumption of Causation in Administrative Liability," a study published in the Cairo University Journal of Legal and Economic Research, issue 87.
VII. VII. Dr. Suleiman Marcus, "Principles of Evidence in Civil Matters," International Press, Cairo, Egypt, 1952.
VIII. VIII. Dr. Abdul Majeed Al-Hakim, "Brief Explanation of Iraqi Civil Law on the Sources of Obligations," National Printing Office, Baghdad, Iraq, 1969.
IX. IX. Dr. Hassan Ali Al-Dhanun, "Explanation of Civil Liability - Damages," Times Printing and Publishing, no year of publication.
X. H.B.Pouillaud. Le lien de caisalite’ dans le droit de la Responsabilite’ administrative.These.Uinversit Pantheon-Assas.13 december.2011.
XI. R. Saleilles,Etude sure la Theorie Generale de L’obligation D’aprees le Premier Projet de code civil Allemand,1914,n305. R.Demogue et le Droit de le Responsabilite Civile.Revue Interdisciplinaire D’etudes Juridiques. Volume 56.Issuel,2006.
Second: Legislation
I. Iraqi Civil Code No. 40 of 1951
II. New York State Civil Code
III. Iraqi Evidence Law No. 107 of 1979
IV. Iraqi Narcotics and Psychotropic Substances Law No. 50 of 2017
Third: Judicial decisions
I. Iraqi Discrimination / 3 / 1973 Judicial Bulletin, Issue 4, No.
II. 3rd Civ. Chamber. 11 Feb. 1998. appeal no. No.96-(0.257) 2rd Civ. chamber, 4 Nov 2010, no.09-88.403 .
III. Ch.Q.Ambrunz,Latiction de la Causalita alternative. Fondement of parspectivas de la Jurisprudence "Distilbene, Dalloze, 2010.
IV. Court-Cass, commercial. chamber, 28 spet 2010. appeal, no: 09-09 272
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