Contractual Liability of Auto Mechanics (Comparative Study)

Through this research, we would like to clarify that the car repair contract represents a specialized form of employment or contracting contract, in which the mechanic is obligated to achieve a specific result or to exercise due diligence according to the nature of the required repair. If the matter concerns the repair of specific faults, the mechanic's obligation is a result-related obligation, namely, his obligation to exercise due diligence in cases of technical diagnosis. Despite the similarities between the repair contract and the maintenance contract, they have a distinct nature that imposes specific obligations on the professional party (the mechanic), especially in light of the unbalanced relationship with the car owner, who is often ignorant of technical details. The mechanic is also responsible for the quality of the spare parts he provides and for achieving the agreed-upon result, and is only exempt from liability upon proof of external cause. To enhance the protection of the parties to this contract and ensure the clarity of the legal framework governing it, the research recommends the inclusion of a separate chapter on technical service contracts, particularly car repair contracts, within the Iraqi Civil Code. Explicitly regulating car repair contracts in civil legislation would enhance consumer protection, achieve balance between the parties to the contract, and reduce disputes arising from the absence of a clear legal framework for this type of contract and its importance in daily life.