Abstract:

Civil legislations have unanimously agreed on a legal concept which indicates that any person may not held civilly accountable except for his harmful acts toward other persons, However, the growing abandonment by the legislators in regulating the complex relationship between Individuals as a result of the development in their activities led to the expansion of legislation in the concept of the Civil liability so that It no longer necessitates the occurrence of the error by the person to be personally held accountable. Moreover, now days the aggrieved person is relieved of the burden evidence of the civil liability's fault in cases where the direct culprit in the occurrence of the damage is one of those whom the “civilly responsible person” uses in carrying out his various activities - which called legal responsibility for the acts of others -. And the responsibility of the superior for the actions of his subordinate is only a form of responsibility for an act Third parties, and responsibility for the actions of others is a case of tort as well as the contractual liability which constitutes the civil liability. Despite the fact that responsibility for the actions of the subordinate is considered a departure from the general rule which requires the direct responsibility of each person for his actions, but not others, but it is possible to deviate from this basic rule and expansion of the concept of civil responsibility in line with economic developments and modern life through Assigning responsibility to the superior if their subordinate, while carrying out their duties, causes harm to others for an illegal act. Consequently, our study relates to the civil responsibility of the state for the mistakes and actions of the judicial authority while performing their judicial duties that lead to damage to others and the compensation for that the state must pay it to the injured or aggrieved person, all that within the framework of the basis of the responsibility of the superior (the state) for the damages of his subordinate acts (judicial authority). Accordingly, we will divide our study into two sections. In the first section, we will discuss the concept of the responsibility, its types, the concept of the subordinate and the superior, the conditions of bearing the responsibility and the basis for the superior’s responsibility for the actions of his subordinate, In the second section, we will discuss the provisions of the civil responsibility of the state for the acts of the judicial authority in Iraq and its exceptions.

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