The Legal Nature of the Civil Liability of the Veterinarian (A Comparative Study)

Abstract

The veterinary profession is of great importance due to its direct connection with the life and health of a living being, as well as its significant benefits to humans, the environment, and physical and food health. Accordingly, veterinarians are required to achieve the best possible outcomes from their medical interventions in treating sick animals, in addition to providing the necessary guidance to protect animals and preserve their health and productivity. Conversely, the animal owner bears the responsibility of making proper use of veterinary medical services and avoiding their complications or risks. Despite this importance, civil liability for veterinary medical errors has not been regulated by specific legislative provisions in the relevant laws; rather, it remains subject to the general rules of civil liability. The study shows that the relevant Iraqi and Kurdistan legislations have adopted the application of tortious liability, on the basis that such liability arises from the breach of legal obligations. As for the Egyptian legislation examined for comparative purposes, it adopts tortious liability in the absence of an agreement between the veterinarian and the animal owner. In contrast, modern legal doctrine and contemporary comparative legislations—such as the relevant UAE legislation—have adopted the rules of contractual liability, as such liability arises from the veterinarian’s breach of contractual obligations. Consequently, doctrinal and judicial approaches have differed according to the variations among these legislations. On this basis, the study is divided into two main chapters. The first chapter addresses the concept of civil liability in two sections, while the second chapter examines the type of civil liability, also in two sections. The study concludes with a number of findings and recommendations, the most significant finding being the absence of specific legislative provisions in Iraqi legislation and the comparative legislations regulating the liability of veterinarians, with the exception of the relevant UAE legislation. Among the recommendations is the necessity to amend Chapter Four of the Iraqi Veterinary Syndicate Law and Chapter Three of its Kurdistan counterpart, in order to provide more effective protection for animals and their owners, and to ensure the right of both parties to legal accountability and compensation where justified. This is followed by a list of the most important sources and references relied upon.