Master’s Thesis at the University of Basrah Explores the Preventive Role of Civil Liability
A master’s thesis at the College of Law, University of Basrah, examined the preventive role of civil liability – a comparative study.
The thesis, submitted by the researcher Dhiaa Mohammed Hameed, aims to raise awareness of the serious harm that individuals may face as a result of risks that cannot be scientifically verified with certainty. Accordingly, the study seeks to advance the concept of civil liability from a remedial function—focused on compensating for damages—towards a preventive one, emphasizing avoidance and deterrence. This preventive role reflects a proactive stance aimed at averting harm, even in cases where the risk cannot be established with complete certainty from the outset.
The thesis was organized into two chapters, through which the researcher discussed the development of civil liability and the qualitative shift from its remedial function to its preventive function. Within this framework, the preventive role of civil liability is grounded in the premise that liability may arise from a failure to take the necessary precautionary measures to prevent scientifically or technically uncertain harm caused by a given activity or product.
Department of Media and Governmental Communication
