التعويض عن القلق من الموت الوشيك : دراسة في تطبيقات القضاء الفرنسي

الملخص EN

The multiplication of mass incidents has led to the emergence of a new component of compensation independent of the psychological suffering clause, which includes all kinds of moral suffering exposed by the victim.

This element is called the anxiety of imminent death.

The aim of acknowledging it is to cover the harm resulting from anxiety, whether with regard to the victim’s sense of his imminent death before leaving life, or for his relatives because of the anxiety they feel arising from the brutal nature of the harmful act to which the victim was subjected.

In fact, compensation for feeling anxious has become an urgent necessity in the legal scene.

This necessity made the judiciary turn, in response to the calls of jurisprudence, towards recognizing this type of moral compensation.

However, the Court of Cassation does not allow in all cases to award compensation to the victim for this type of damage, but has set some conditions to limit it.

acknowledging of this type of psychological pain with independence will lead to more disintegration in the moral prejudice that many doctrine (jurisprudence) recommends to remain it united.

However, this disintegration remains permissible as long as it will be consistent with the principle of full compensation, which justifies giving compensation to the victims for their fears of imminent death.