Management’s Obligation to Compensate Without Error in Iraqi Law

This study examines the development that has occurred in administrative responsibility, especially “the responsibility of management without error” in the modern era and the compensation of others who have been harmed as a result of the management’s activity without requiring the availability of the error corner, although the general rule in the past was that the administration does not ask about its harmful actions as it is She has authority and sovereignty, and the exception is her responsibility, but this has changed as a result of the state’s transformation from the guardian state to the one interfering in many activities that were the preserve of individuals, so the administration has been practicing similar activities to the activities of individuals as well as the tremendous scientific and technological development in all fields. The administration may cause harm to individuals and those who deal with it while it is in the process of practicing these activities without attributing any error to the administration. In front of the failure of the theory of error, the theory of management responsibility appeared without error, which does not require the cornerstone of error and is satisfied with the elements of damage and the causal relationship, and the newly prevailing principle has become the responsibility of the state for its actions The exception is the non-responsibility. However, the Iraqi legal system is not based on compensating the aggrieved person unless there is a mistake made by the administration despite the development that has occurred in the administrative judiciary through the adoption of the administrative legislature in Iraq for a two-tiered litigation system through the Fifth Amendment to the Iraqi State Consultative Council Law No. 17 of the year 2013, but he did not take the responsibility of the administration without error, so the researcher found the importance of researching the issue of the compensation claim without error before the administrative judiciary in order to show the extent of the administration’s commitment to compensate for its actions without error and to clarify the legal basis for the administration’s responsibility for its actions without error and to clarify the position of jurisprudence and the judiciary on this basis , by analyzing the texts of the Iraqi regime that are relevant to the subject of the study, and this study ended with a set of conclusions and recommendations.