Law Professor Dr Saman Fawzi, from the Department of Law at the University of Human Development, held a seminar in the form of a discussion on some decisions of Iraq and Kurdistan’s Cassation Courts regarding compensation for moral damages to legal persons. The seminar, titled ‘A discussion of the Cassation Court’s decision on compensation for moral damages to legal persons,’ took place at the Seminar Hall on 24th November 2024.

Prof. Dr Saman Fawzi mentioned that the Iraqi and Kurdistan courts are moving in the direction of not allowing the legal person (also known as the juridical person or fictitious person), as opposed to the natural person (also known as the physical person), to sue for compensation for moral damages because they do not have feelings to be hurt. However, natural persons can seek moral damages. He displayed some decisions of the Iraqi and Kurdistan Cassation Courts on a screen, showing that they have denied the legal person the right to sue for compensation. He criticised the decisions and stated that both legal persons and natural persons have reputations and social positions, and therefore can both be harmed.

The law permits legal persons to prosecute the perpetrators under criminal law, but this will not benefit the plaintiff. The punishment will either be a fine, which will go to the government, or a prison sentence, which will not benefit the plaintiff.

Dr Fawzi delved into details and explained that the courts in Iraq and Kurdistan have classified legal persons into two categories: General Legal Persons (or Public Legal Persons), which includes government agencies and institutions, and Private Legal Persons.

General Legal Persons cannot sue for compensation (civil lawsuit) for moral or material damages, but they can prosecute the offender under criminal law. A Private Legal Person cannot sue for compensation for moral damages but can for material damages.

Dr Fawzi argued that all types of legal persons should be able to sue for compensation and that wrongdoers should be liable for moral and material damages if they are unable to defend themselves; otherwise, more legal persons will be targeted by irresponsible individuals for misconduct and corruption, damaging their reputation and finances. In short, a legal person must be liable and have the ability to seek damages, both material and non-material.

He also mentioned that legal compensation in civil lawsuits is not only monetary, but can also include a public apology or payment of legal costs.