The Essence of Guarding the Dangerous Object


  • Dhameer Hussien Nassir ,Ali Sami Hassan


mechanical machines, guard requires, Dangerous ,Iraqi Civil Code


The dangerous act is considered a source of civil obligation, and its importance is increasing in our present time, according to the development of mechanical machines and their entry into all fields of life, which are becoming increasingly widespread and complex, as well as objects that require special care and the spread of modern inventions, with what they cause in the increase of accidents requiring compensation. One of the results of that is the emergence of responsibility for objects, and this responsibility has developed in jurisprudence and judiciary and has gone beyond the traditional concepts of error, damage and causation, and it has its own pillars. The Iraqi legislator dealt with responsibility for objects in Article (231) of the Iraqi Civil Code, and that the two elements of guarding are the object, the guard and the damage, and the elements of guarding are the material element and the moral element, and there are many forms of guarding, including the participation of several people in the use of several objects, and the participation of several people in using One object, and the custody can be proven by all means of proof, and the custody ends when the owner abandons the ownership of the object, and it may lapse without the owner abandoning the ownership of the object. The Iraqi legislator did not make the responsibility of the guard comprehensive for all objects, but rather limited it to mechanical machines and objects whose guard requires special care to prevent their damage, and that the responsibility of the guard is assumed and can be proven otherwise.