Nada M. T. Civil liability arising from building demolition and insurance against it )a comparative study(

Abstract

Civil liability provisions, especially those arising from building collapse or defects, are among the most important legal provisions. Although the Iraqi legislator regulates them in Article (229) of the Civil Code and the other articles, the term collapse or demolition used by the Egyptian legislator and some other laws is more precise. From the term “fall” used by the Iraqi legislator, the collapse of the building is part of its demolition. The person responsible for the collapse of a building is a person who has actual control over it.

 The law may grant the right of recourse to another person responsible for it, such as the construction engineer or contractor. The right of recourse must also be to other persons involved in the construction process.

The general rules regulating this liability in the Iraqi Civil Law are insufficient to provide the necessary protection from damages resulting from it.

 Compulsory insurance for building defects and its collapse in general and compulsory insurance against liability arising from it in particular have become very important demands to enhance the quality of buildings and to protect those affected or buyers from building defects.

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