Civil Liability for Forest Fire Damage: A Study in Iraqi Civil Lawlecture. Kafi Zughir Al-Badree
DOI:
https://doi.org/10.64184/ajlps.V2.I3.Y2025.P1264-1289.506Keywords:
Forest fires, Civil liability, Environmental damage, CompensationAbstract
Wildfires raise a legal problem whose effects extend to soil, biodiversity, environmental benefits, and damage to trees, property and people The importance of civil liability in this field is magnified if the fire is caused by a deliberate or unintentional human act, or when the source of the fire cannot be definitively determined, or if it spreads to other areas under the influence of wind or The research aims to show the adequacy of the civil liability rules in the Iraqi Civil Code to address the damages caused by forest fires and determine the basis of the liability of the person who caused them, while taking advantage of the French regulation in this field. the nature of vegetation. The research proceeds from the fact that the general civil rules, especially Article (186) of the amended Iraqi Civil Code, provide a basis for claiming compensation, but the specificity of forest fires raises difficulties in proving the fault and causal relationship, determining the environmental damage and estimating compensation for it. Therefore, the research examines the adequacy of the current legislative regulation in the face of this specificity, and the appropriateness of the means of reparation, especially restoring the situation to what it was and monetary compensation, while indicating the need to develop some provisions to ensure the effectiveness of environmental protection and reparation of the damages caused by forest fires.
References
Source and refernces
First:Books
1. Ahmed Salman Shaheeb Al-Saadawi and Jawad Kadhim Jawad Al-Sumaisim, Sources of Obligation: A Comparative Study of Civil Laws and Islamic Jurisprudence, Zain Legal Publications, Beirut, 2015.
2. Ali Ali Suleiman, The General Theory of Obligation: Sources of Obligation in Algerian Law, 5th ed., University Publications Office, Algeria, 2003.
3. Abdul Majid Al-Hakim, A Concise Explanation of the Civil Law, Vol. 1: Sources of Obligation, 2nd ed., Al-Ahliya Printing and Publishing Company, Baghdad, 1963.
4. Hassan Ali Dhanoun, The General Theory of Obligations: Sources of Obligation, Provisions of Obligation, and Proof of Obligation, Al-Hurriya Printing House, Baghdad, 1976.
5. Diaa Sheet Khattab, Ibrahim Al-Mashhadi, Abdul Majid Al-Janabi, Abdul Aziz Al-Hassani, and Ghazi Ibrahim Al-Janabi, Collection of Preparatory Works of the Iraqi Civil Code No. 40 of 1951, Vol. 2, Al-Zaman Press, Baghdad.
Second: Research
1. Abdul Rahman Boufelja, “Proof of Causal Link in the Field of Civil Liability for Environmental Damage,” Law Journal, Vol. 4, No. 1, Ahmed Zabana University Center of Ghilizan, Algeria, 2015.
2. Ali Hashim Kadhim Al-Sahlani and Hosni Reda Kandomkar, “The Concept and Conditions of the External Cause between Positive Law and Customary Law: The Iraqi and Iranian Civil Codes as a Model,” Iraqi University Journal, Vol. 73, No. 3, 2025.
3. Ben Kou Amal, “Compensation in Kind for Environmental Damage,” Journal of Scientific Research in Environmental Legislation, Vol. 6, No. 2, 2016.
4. Haifa Qaid, “Civil Liability for Environmental Damage under Algerian Law,” Jil Journal of In-Depth Legal Research, No. 3, 2016.
5. Haidar Hussein Kadhim Al-Shammari, “The Controversy of Civil Liability Arising from Damage Caused by Modern Environmental Pollutants in Iraqi Legislation,” Basra Studies Journal, No. 48, 2023.
6. Mariam Hajla, “Forest Fires between the Impact of Climatic Factors and the Repercussions of Environmental Crime,” Sociologists Journal, Vol. 2, No. 2, 2021.
7. Nour Rashid Flaih, “Civil Liability for Environmental Damage,” Al-Nahrain Journal of Legal Sciences, Vol. 27, No. 3, Part 1, 2025.
8. Rami Qahtan Mahmoud, “Liability for Environmental Damage Resulting from Industrial Animal Breeding,” Anbar University Journal of Legal and Political Sciences, Year 14, No. 2, Part 1, 2024.
9. Reda Hadlaj, “Compensation as a Mechanism for Redressing Environmental Damage,” Algerian Journal of Legal and Political Sciences, Vol. 55, No. 4, 2018.
10. Sabah Benqour, “Civil Liability for Environmental Damage,” Muhakama Journal, No. 13, 2017.
11. Salam Abdul-Zahra Abdullah Al-Fatlawi and Ahmed Abdul-Hussein Kadhim Al-Yasiri, “Environmental Civil Liability between Traditional and Objective Rules: A Comparative Study,” Basra Studies Journal, Vol. 18, No. 48 (Supplement), 2023.
Third: Laws
1. Iraqi Civil Code No. (40) of 1951, as amended.
2. Law No. (27) of 2009 on the Protection and Improvement of the Environment.
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Ashur Journal of Legal and Political Sciences is issued by the Iraqi Association of Legal Sciences
This work is licensed under a Creative Commons Attribution 4.0 International License.
The authors retain Full copyright of their published article
Ashur Journal of Legal and Political Sciences applies the Creative Commons Attribution 4.0 International (CC BY 4.0) License to articles and other works we publish. If you submit your paper for publication by AJLPS, you agree to have the CC BY 4.0 license applied to your work.
Articles can be read and shared for under the following conditions:
BY: Attribution must be given to the original source (Attribution)
Full details available at
https://creativecommons.org/licenses/by/4.0/
