College of Law and Political Science \ Alnoor University
Abstract
This study examines the civil liability arising from the operation and management of parking facilities in certain Arab legal systems, as a recurring legal relationship that takes place on a daily basis without a specific legislative framework that precisely defines the obligations of the operator and the rights of the user. The research is driven by a central problem concerning the extent to which the general rules found in civil laws and existing municipal regulations are sufficient to ensure effective protection for parking users in cases of theft, damage, or accidents occurring within these facilities. The study adopts a critical, analytical, and comparative methodology based on the analysis of relevant legislative texts, the review of judicial precedents in Iraq, Egypt, and Jordan, and the discussion of contemporary civil law scholarship on modern, composite-nature service contracts. The findings reveal a clear legislative gap in regulating parking facilities in terms of civil liability, as well as ambiguity in the legal characterization of the relationship between operator and user, in addition to the fragility of available means of proof and the weak incorporation of the concept of preventive justice in this field. The study concludes that there is a pressing need to enact a specific statute or model regulation governing the operation and management of parking facilities as a service contract that entails a reinforced safety obligation, together with the imposition of technical and organizational standards for security, insurance, and documentation, in a manner that achieves a clearer balance between the operator’s interests and the user’s legal protection
Shukr,H Z . (2025). Civil Liability Arising from the Operation and Management of Parking Lots: A Critical Approach within Contemporary Legal Systems. Al-Noor Journal for Legal Studies, 2(4), 93-103. doi: 10.69513/jnfls.v2.i4.a8
MLA
Shukr,H Z . "Civil Liability Arising from the Operation and Management of Parking Lots: A Critical Approach within Contemporary Legal Systems", Al-Noor Journal for Legal Studies, 2, 4, 2025, 93-103. doi: 10.69513/jnfls.v2.i4.a8
HARVARD
Shukr H Z. (2025). 'Civil Liability Arising from the Operation and Management of Parking Lots: A Critical Approach within Contemporary Legal Systems', Al-Noor Journal for Legal Studies, 2(4), pp. 93-103. doi: 10.69513/jnfls.v2.i4.a8
CHICAGO
H Z Shukr, "Civil Liability Arising from the Operation and Management of Parking Lots: A Critical Approach within Contemporary Legal Systems," Al-Noor Journal for Legal Studies, 2 4 (2025): 93-103, doi: 10.69513/jnfls.v2.i4.a8
VANCOUVER
Shukr H Z. Civil Liability Arising from the Operation and Management of Parking Lots: A Critical Approach within Contemporary Legal Systems. NJLS. 2025;2(4):93-103 (In العربیة). doi: 10.69513/jnfls.v2.i4.a8