المسؤولية الموضوعية عن الممارسـات الأجتماعـية الخطرة الدكة العشائرية أنموذجاً

Abstract

At the end of it, the clan bench represents a kind of mediation away from the state’s judiciary, which results from clan negotiation that requires a fine or compensation to resolve the conflict. Despite the danger of this clan practice, as we have mentioned, and its impact on the security of the country on the one hand and on people’s lives and money on the other hand, there is no legal system, whether it is within the scope of the private law represented by the civil law or at the level of the public law represented by the penal code that shows and addresses the dangers and damages resulting Accordingly, the Iraqi judiciary responded to this and directed, in October of 2018, to deal with the “tribal bench” in accordance with Anti-Terrorism Law No. 13 of 2005 in force.Therefore, our study came under the title "Objective responsibility for dangerous social practices (tribal squatting as a model)" in order to show the effects and treat the damages resulting from this practice within the scope of civil laws, as the objective responsibility aims to indicate the extent of the commitment and responsibility of the state to compensate the injured because of this Malpractice in the event that the perpetrator is unknown.