Community study (Investor's liability for negligence on state lands)

Authors

  • Lecture Dr. Zainab Hussein Yousif Al-Qazwini College of Law - University of Babylon Author

DOI:

https://doi.org/10.64184/ajlps.V3.I3.Y2026.p.223-231.386

Keywords:

investment, responsibility, state, investor.

Abstract

Investments are currently abundant due to economic development and the increased need for investors to establish projects that will raise the country's economic level by utilizing funds and benefiting from these investments in employing the workforce, especially those projects located on state-owned land. Consequently, the investor incurs civil liability. This liability is primarily tortious, as it arises when investors fail to fulfill their legal obligations to the entity that granted them the right to invest on its land, namely the state. This necessitates compensation according to the rules of tort liability, resulting from the error that caused damage to these lands. 

References

List of sources

First/ Book:

1- Al-Akyabi, Yusuf Abdul-Hadi Khalil, The Legal System of Technology Transfer Contracts in the Field of Private International Law, Dar Zain for Publications, Beirut, 1989.

2- Al-Haddad, Hafiza Al-Sayed, Contracts Concluded Between States and Foreign Individuals, Al-Halabi Legal Publications, no date of publication.

3-Al-Sanhuri, Abdul-Razzaq Ahmad, The Intermediate Treatise on the Explanation of Civil Law, Vol. 1, Dar Ihya Al-Turath Al-Arabi, Beirut, Lebanon, no date of publication.

4- Judge Salman Ubaid Abdullah Al-Zubaidi, Competency Examination for Applicants to the Judicial Institute in Civil Law No. 40 of 1951.

5- Saadoun Al-Amiri, Compensation for Damages in Tort Liability, Publications of the Center for Legal Research, Baghdad, 1982.

6- Zghair, Aqeel Karim, Civil Liability Arising from Foreign Investment Contracts: A Comparative Study, Dar Al-Fikr, Cairo, 2015.

7- Awda, Ali Ubaid, The Causal Relationship Between Fault and Damage, Master's Thesis, College of Law, University of Baghdad, 2008.

8-Miqdad Yaljin Muhammad Ali, Islamic Moral Education, 1st ed., Al-Khanji Library, Cairo, 1977.

Second/ Theses and Dissertations:

1- Rifai, Muhammad Nasr al-Din, Harm as the Basis of Civil Liability in Contemporary Society, PhD Dissertation, Cairo University, Arab Republic of Egypt, 1998,

Third/ Laws:

1- Iraqi Civil Code No. 40 of 1951, as amended

2- Iraqi Investment Law No. 13 of 2006, as amended

3- Egyptian Investment Law No. 72 of 2017

4- Jordanian Investment Law No. 30 of 2014

5- Jordanian Civil Code No. 43 of 1976

Downloads

Published

2026-09-01

How to Cite

Community study (Investor’s liability for negligence on state lands). (2026). Ashur Journal of Legal and Political Sciences Is Issued by the Iraqi Association of Legal Sciences, 3(3), 223-231. https://doi.org/10.64184/ajlps.V3.I3.Y2026.p.223-231.386

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