المسؤولية المدنية الناشئة عن توصيل الطلبات(دراسة مقارنة)

Civil Liability Arising from Order Delivery (A Comparative Study)

Abstract
Delivery services are an important and necessary topic in light of the recent global digital transformation. Our research examines the various relationships established for the purpose of delivering goods and the resulting responsibilities.
Civil liability arising from the delivery of orders is based on addressing the damages resulting from a breach of obligation, whether the obligation is contractual or tortious. Since the Iraqi legislator did not include a specific provision regarding liability for the delivery of orders, we were obligated to refer to the general rules of civil law and the recent Iraqi Council of Ministers decision regarding the regulation of electronic transactions.
However, it did not adequately address the problems raised by the delivery of orders and did not provide the resulting solutions. When the wrongdoer causes harm to the injured party, that mistake creates civil liability, whether contractual or tortious, and whether the deliverer is a subordinate or not. Therefore, the follower is responsible for the act of his subordinate, while if he is not a subordinate, he is responsible for his act in his personal capacity.
Civil liability, whether contractual or tortious, has three essential pillars: the occurrence of the error, the occurrence of the damage, and the existence of a causal relationship between them.
The causal relationship shows us whether the conductor is a subordinate or not. If he is a subordinate, the principal cannot avoid liability for his subordinate, as he is responsible for him as his subordinate, but he can avoid liability by proving the foreign cause.
These pillars are important and necessary for the perpetrator of the harmful act to bear the consequences of the act he committed.
In this regard, the deliverers are responsible for any damages that befall the item they were tasked with delivering to the recipient, whether this resulted in damage to the item, a delay in delivery, or failure to carry out what was assigned to them, especially if it resulted in material or moral damage. The order deliverer may be held accountable for his actions if he was the cause of the harmful action. As a result of the multiplicity of relationships between the parties, the effects imposed by the law on each of them differ from one party to another. If one of the parties does not fulfill the obligation incumbent upon him, he must be held legally accountable and, consequently, the injured party must be compensated for the harm he has suffered as a result of the act he caused
The delivery service has added a significant progress to the society, which has led to saving time for the recipient, especially if the recipient is someone with special needs, the elderly, or others who cannot go to the shops, and thus this problem is solved for them. Also, a person’s life may be a life full of preoccupations and troubles, in addition to the effort and time wasted in bringing them, and it has also had a positive role.
The delivery service has added a significant progress to the society, which has led to saving time for the recipient, especially if the recipient is someone with special needs, the elderly, or others who cannot go to the shops, and thus this problem is solved for them. Also, a person’s life may be a life full of preoccupations and troubles, in addition to the effort and time wasted in bringing them, and it has also had a positive role.
Misunderstandings also occur.
The recipient may request a service and the sender may misunderstand it. We can say that this service is optional, meaning that the recipient can resort to it or deal directly with the seller.