Civil liability means a person’s obligation to compensate for the damage he inflicted on others, whether this obligation is specified in legal texts or under a contract. Liability is divided into contractual and tort. Liability is contractual if the obligation that was breached has its origin in the contract, such as the seller’s responsibility to deliver the sold item at the agreed upon time and place. Accordingly, there is tort liability if the obligation that was breached had its origin in an illegal act, that is, a violation of an obligation approved by the law. Does the contract bind only its two parties, or is it possible for its validity and effect to exceed another person, and once the breach arises, civil liability arises towards him.

Third Parties, Liability, Breach

Dr. Abdul Razzaq Al-Sanhouri, Al-Wasit fi Sharh Al-Qanoon Al-Madani, Sources of Obligation, Part One, Volume One, Third Edition, Dar Al-Nahda Al-Arabiya, Cairo, p. 746.

Dr. Muhammad Hanun Jaafar, Contractual Liability of the Contractor for the Act of a Third Party "A Comparative Study," Modern Book Foundation, Beirut, Lebanon, First Edition, 2011, p. 163.

Dr. Sabry Hamad Al-Khater, (The Third Party from the Contract) A Study in the General Theory of Obligation, Legal Library, First Edition, 2001, p. 25.

Dr. Muhammad Hanun Jaafar, the previous source, p. 139.

Dr. Hassan Ali Al-Dhanoun, Al-Mabsoot in Explaining the Civil Law, Part Four, Liability for the Act of Others, Wael Publishing House, Amman, Jordan, 2006, p. 10.

Dr. Abdul Rashid Mamoun, Contractual Liability for the Act of Others, Dar Al-Nahda Al-Arabiya, Cairo University Press, 1986, p. 61.

Dr. Muhammad Hanun Jaafar, the previous source, p. 201.

Dr. Mustafa Abdul Sayed Al-Jarhi, The Contract of Subcontracting, Dar Al-Nahda Al-Arabiya, First Edition, 1988, p. 81.

Muhammad Hanun Jaafar, the previous source, p. 212.

Lectures given by our professor, Dr. Abbas Al-Hussaini, to the PhD students of the private section for the academic year 2018-2019, College of Law, University of Karbala.

Dr. Mahmoud Gamal El-Din Zaki, Problems of Civil Liability, Part One, Cairo University Press, 1978, p. 46

Dr. Tariq Kazim Ajil, Liability of Third Parties for Breach of Contract, a research published on the Information Network, p. 83.

R- savatier-ibid.

Quoted from. Tariq Ajil, previous source, p. 94.

Al-Sanhouri, Al-Wasit, Volume One, Item 505.

Dr. Tariq Abdul Raouf Saleh, Tort Liability for the Act of Others, Dar Al-Nahda Al-Arabiya, First Edition, 2009, p. 59.

Article (218) stipulates that (1- The father and then the grandfather are obligated to compensate for the harm caused by the minor. 2- The father and grandfather can escape responsibility if they prove that they performed the duty of supervision or that the harm occurred even if they performed this duty)

Dr. Hassan Ali Dhunin, General Theory of Obligations, Legal Library, Baghdad, p. 280.

Article 174 of the Egyptian Civil Code (The principal shall be liable for the damage caused by his subordinate through his unlawful act, provided that it occurred during his duties or because of them...)

Dr. Hassan Ali Dhanoun, previous reference, p. 287.

The above source, 295.

Dr. Tariq Ajil, previous source, 408.

Dr. Mahmoud Gamal El-Din Zaki, previous source, p. 46.

Dr. Abbas Hassan El-Sarraf, Contractual Liability for the Act of Others in Comparative Law, Dar El-Kitab El-Arabi Press, Egypt, 1954, p. 27.

Article (209) of the Iraqi Civil Code stipulates that the court shall determine the method of compensation according to the circumstances .....)

Nasir Sabbar Lafta, Compensation in Kind (Comparative Study), Master's Thesis, University of Nahrain, College of Law, 2001, p. 24.

Professor Abdul-Baqi Al-Bakri, Explanation of the Iraqi Civil Law, Vol. 3, on the provisions of obligation, a comparative study, Al-Zahraa Press, Baghdad, 1971, p. 96, p. 136.French rebuttal referred to by Mazeaud (H et L) and Tunc (A.) ; Traite de la responsabilite, t1,5ed, n218, p. 274.Quoted from Nasir Sabbar Lafta, previous source, p. 29.

Dr. Munther Al-Fadl, The General Theory of Obligations in Civil Law, A Comparative Study, Vol. 1, 1st Edition, Sources of Obligation, Baghdad, 1991, p. 374.

Dr. Muhammad Ibrahim Sharif, Moral Damage and Compensation in Tort Liability, A Comparative Study, Master's Thesis, College of Law, University of Baghdad, 1989, p. 238.

Dr. Hassan Mohammed Kazim, Civil Liability Arising from Infringement of the Right to Image, A Comparative Study, 2007, p. 100.

Dr. Athir Abdul Jawad, Contractual Liability for the Act of Others in the Lease Contract, Comparative Study, University of Karbala, 2013.

Dr. Hassan Ali Al-Dhanween, Explanation of Civil Law, Part Four, Liability for the Act of Others, Wael Publishing House, Amman, Jordan, 2006.

Dr. Hassan Ali Al-Dhanween, General Theory of Obligations, Legal Library, Baghdad.

Dr. Hassan Mohammed Kazem, Civil Liability Arising from the Assault on the Right to Image, Comparative Study, 2007.

Dr. Sabri Hamad Al-Khater, (Others from the Contract) A Study in the General Theory of Obligations, Legal Library, First Edition, 2001.

Dr. Tariq Abdul Raouf Saleh, Negligent Liability for the Act of Others, Dar Al Nahda Al Arabiya, First Edition, 2009.

Dr. Abbas Al-Hussaini on PhD students, Special Section for the academic year 2018-2019, Faculty of Law, University of Karbala.

Dr. Abbas Hassan Al-Sarraf, Contractual Liability for the Act of Others in Comparative Law, Dar Al-Kitab Al-Arabi Press, Egypt, 1954.

Dr. Abdul Baqi Al-Bakri, Explanation of the Iraqi Civil Law, Vol. 3 in the Provisions of Obligation, Comparative Study, Al-Zahraa Press, Baghdad, 1971, p. 96.

Dr. Abdul Razzaq Al-Sanhouri, Al-Wasit in Explanation of the Civil Law, Sources of Obligation, Part One, Volume One, Third Edition, Dar Al Nahda Al Arabiya, Cairo.

Dr. Abdul Razzaq Al-Sanhouri, Al-Wasit fi Sharh Al-Qanun Al-Madani Al-Jadeed, Vol. 7, No. 2, Al-Halabi Legal Publications, Beirut.

Dr. Abdul Rashid Mamoun, Contractual Liability for the Act of Others, Dar Al-Nahda Al-Arabiya, Cairo University Press, 1986.

Dr. Muhammad Hanun Jaafar, Contractual Liability of the Contractor for the Act of Others "A Comparative Study","Modern Book Foundation, Beirut, Lebanon, First Edition, 2011.

Dr. Mahmoud Gamal El-Din Zaki, Problems of Civil Liability, Part One, Cairo University Press, 1978.