the Technical Domain of compensation for Profitable Fault In Civil Liability "Comparative Study”

Abstract

     The idea of profitable fault is one of the novelties of English legal system, it has been created by English judiciary system to strip of the profits that have been gained by tort doer or contract breaker in all the cases, which appear clearly that those persons committed their fault in order to benefit at the expense of others. In spite of the fact, the idea of profitable faulted attributed to English legal , yet it had deep roots in Islamic Jurisprudence, especially in Al-Shafiyah school which submitted brilliant propositions on the legal basis to strip of the profits gained by the trespasser or trustee.     The research had been divided into three chapters, in the first chapter the researcher has dealt with the concept of profitable fault and the legal basis for its redress. the second chapter has been specified for categorization of profitable fault and the third dealt with the idea of profitable fault in civil and commercial legislation and to what extent the Iraqi judiciary accept or refuse this idea.   Finally, the researcher has summed up his research by many recommendations and proposal for draft modifying law; hoping that Iraqi legislative organs and judiciary system to adopt them.