الوقت الذي يقدر به ضمان الضرر المتغير و إعادة النظر بتقديره في القانون الأردني : دراسة مقارنة مع القانون العراقي

الملخص EN

This study dealt with the time of guaranteeing the variable damage, and showed its guarantee and reevaluation and the principle of full guarantee, specifying its scope and consequences, as well as the forms of its guarantee and the extent to which it is capable of making it, the factors affecting its estimation at the time it occurred or the time of the judgment.

This study concluded with several results, the most important of which is that the variable damage is expected in all types of damage, such as the permanent damage in terms of the conditions of guarantee in it.

The Jordanian legislator did not settle for the term "security", however, in some of the texts, the term "compensation" was used, whereas the Iraqi legislator settled on the term compensation.

This study concluded with several recommendations, the most important of which was the need to amend the provisions of Article 363 and Article 268 so that the victim could obtain compensation at the time of the judgment from the Jordanian Civil Code and the text of Article 208 of the Iraqi Civil Code, and replace them with (at the request of the victim) according to the wording of article 438 of the Iraqi Civil Code of 1986.

The study reached out to many commendations, and the most important of it was the necessity of the adjustment of the text of the provision (363) and (268) from the Jordanian civil law, and the text of provision (208) from the Iraqi civil law, which included the concept of (to keep the right for the harmed person), by another concept ( by the request of the harmed person).

According to the formulation of the text of the provision (438) from the project of the Iraqi civil law to the year 1986.