Administrative errors and ways to compensate for them in Iraqi law

Author:
Sherwan Zidan Karim
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Maytham Nemati

Public administration in the modern era is based on the principle This study dealt with administrative errors and ways to compensate for them in Iraqi law. The law governing compensation claims is one of the important legal issues that are widely used in lawsuits. Because of the differing opinions of jurists, lawyers sometimes face challenges in reviewing legal materials. In this study, by studying compensation in Iraqi law, studying the characteristics and methods of claiming compensation was paid, and because the harm has material and spiritual types, it was decided in this study that all jurists and jurists agree on the principle of compensation for material damage, and the difference is only in how the material and objective payment , but in compensation for moral damage between all. The problem of the study centers on answering the main question: administrative errors and ways to compensate for them in Iraqi law? . On this basis, the administration should be dominated by the principle of legality when it performs its function, and the means of individuals in this are many, the most important of which is the right to submit a request to cancel the defective administrative decision, as well as their right to request compensation for the management’s wrong actions, whether these actions are administrative or material actions.

According to the foregoing, it may happen in practice that an individual or some individuals suffer damages as a result of the management’s actions, which results in the realization of its responsibility for this activity, and then obligating it to compensate the aggrieved person for that, by paying him a form of compensation in exchange for the damage.

The researcher adopted the descriptive approach in tracking the locations, and we reached in the study results, the most important of which is the enumeration of the concepts of damages and related variables, and the conditions and characteristics of the compensation claim. We examined the damage and its quality in Iraqi law, and the preferred method of compensation was objective compensation.