Abstract

The study aims to clarify the idea of cross-border Compensation. which is of great importance in repairing the damage that results from the psychological harm of the victim and the physical harm or alleviating its impact. And the same importance applies to cross-border relations tainted by a foreign element. And since compensation requires verification of the elements of civil liability from error and damage and a causal relationship between them. whether responsibility contractual or tort so that liability is excluded if one of these elements fails. In addition to the difficulties related to the distribution of the elements of civil liability to the regions of several countries on the one hand and determining whether the liability arising from car accidents is contractual or tort in countries that distinguish between contractual and tort liability. And thus determine The legal provisions or texts to which the compensation is subject. and because the determination of the jurisdiction in the consideration of these disputes is still in development. And this is not strange from the field of private international law. Which is in the process of growth, so all of the above invites us to discuss the issue of compensation for car accidents in international law The special. Because of its objective specificity. Which is summed up in what we mentioned above. In a way that prompts us to try to draw the features of this compensation in accordance with the requirements of the current era. In addition to the practical importance in terms of claiming this compensation. Especially since the issues of procedures are subject to the law of the state before which the dispute is being considered. And the means that Iraqi legislator has granted to individuals may raise a claim for compensation for car accidents independently before the civil courts or in a dependent manner to the criminal case before the penal courts according to Article (10) of the Iraqi Code of Criminal Procedure No. 23 for the year 1971 is problematic. Which lies in the fact that criminal courts are far from the subjects of private international law and may not be able to take into account the cross-border nature of compensation. In addition to the discretionary power of the judge in matters of tort liability. Including liability for accidents Cars. Which may take the lawsuit out of the scope of the Federal Court of Cassation.