The Impact of Civil Intent on the Exclusion Clause of Liability

The emergence of factories and large companies after the Industrial Revolution led to the consideration of a means to release of liability. Consequently, the condition of liability exemption appeared in Europe and Britain, which holds a significant importance and impact, as it results in the debtor being relieved of their legal liability. Although, this is considered a devation from the principles of justice, the legislator accepted it based on economic justifications. In addition, the jurists have not agreed on meaning of the condition of exemption from liability, as the matter has become confused with closely related topics, particularly regarding the condition for exemption from a specific obligation. This confusion arises from the lack of distinction between what affects the condition. The research suggests that the Iraqi legislator should explicitly state the invalidity of the condition of exemption from obligation, as this would make contracts are isolated from their meanings. The importance of the condition of exemption from liability is related to the intent of the parties, and thus, intent has a significant impact on its provisions. Consequently, the existence or absence of the condition of exemption from liability is linked to the presence or absence of civil intent. Given the importance and seriousness of the subject, the legislator intervenes to regulate its provisions. Although, he permits to deal with it, this does not extend beyond de minimis or slight fault. However, if the matter exceeds this and reaches the level of gross error or fraud, the condition becomes void based on the debtor's intent. In some cases, the legislator may annul the effect of the civil intent of the parties and disregard it, leading to the invalidation of the condition, especially when it concerns bodily harm. Additionally, the condition might be recognized to exist even if the parties have not explicitly agreed upon it.

Authors

Institutions

Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2025-09-01
DOI
https://doi.org/10.63677/jqlap.2025.189986
Primary Topic
Legal principles and applications
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Impact of Civil Intent on the Exclusion Clause of Liability

Hemdad Faisal Ahmad, Rebwar maghdid Mahmood
AL-Qadisiya Journal For Law and Political Sciences
Legal principles and applications
article

The Impact of Civil Intent on the Exclusion Clause of Liability

Hemdad Faisal Ahmad, Rebwar maghdid Mahmood
article en

Abstract

The emergence of factories and large companies after the Industrial Revolution led to the consideration of a means to release of liability. Consequently, the condition of liability exemption appeared in Europe and Britain, which holds a significant importance and impact, as it results in the debtor being relieved of their legal liability. Although, this is considered a devation from the principles of justice, the legislator accepted it based on economic justifications. In addition, the jurists have not agreed on meaning of the condition of exemption from liability, as the matter has become confused with closely related topics, particularly regarding the condition for exemption from a specific obligation. This confusion arises from the lack of distinction between what affects the condition. The research suggests that the Iraqi legislator should explicitly state the invalidity of the condition of exemption from obligation, as this would make contracts are isolated from their meanings. The importance of the condition of exemption from liability is related to the intent of the parties, and thus, intent has a significant impact on its provisions. Consequently, the existence or absence of the condition of exemption from liability is linked to the presence or absence of civil intent. Given the importance and seriousness of the subject, the legislator intervenes to regulate its provisions. Although, he permits to deal with it, this does not extend beyond de minimis or slight fault. However, if the matter exceeds this and reaches the level of gross error or fraud, the condition becomes void based on the debtor's intent. In some cases, the legislator may annul the effect of the civil intent of the parties and disregard it, leading to the invalidation of the condition, especially when it concerns bodily harm. Additionally, the condition might be recognized to exist even if the parties have not explicitly agreed upon it.

AL-Qadisiya Journal For Law and Political SciencesVol. 16(Issue: 2 part 1)
Soran University (IQ)
Reduced inequalities
Openalex Percentile: Top 5%
Legal principles and applications
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

The Impact of Civil Intent on the Exclusion Clause of Liability — Hemdad Faisal Ahmad, Rebwar maghdid Mahmood · AL-Qadisiya Journal For Law and Political Sciences (2025) | TGRS Research Map | TGRS