حق المتضرر بالارتداد في التعويض في القانون المدني الأردني

الملخص EN

The damage caused to the direct victim may be reflected on other people associated with them by a reversal, which is often a parents association, so that, under certain conditions, the victim has the right to seek compensation for the damage suffered directly by the damage person, whether the damage caused to them material and moral.

However, it should be noted that those affected by a reversal are entitled to claim compensation for literary damage in the event of the death of their relative only, so that their claim is based on the inadequate responsibility rather than the contractual responsibility.

As those affected by the reversal are foreign to the contract signed by the direct victim with the liable for the harmful act.

As far as compensation is concerned, whatever the method of its discretion was, the legislator left the discretionary of the compensation order for the judiciary who is able to discrete it with its experience and discretion authority that granted to him by law.

The researcher reached the most important result and the most important recommendation; In order for a person to be considered harmed by apostasy, there must be a certain bond linking him to the original aggrieved party, and this bond is either a kinship bond or a specific financial bond that makes this person inevitably affected by the damage that befell the original aggrieved person.

based on the results; We hope that the Jordanian legislator will amend the text of Article (266) of the Jordanian Civil Code, as the text of the article is not in line with reality, logic and what has been established by jurisprudence.

As for the lost profit, it occupies a place in the field of contractual liability only, so we suggest that the text should be as follows: "The guarantee is estimated in all cases to the extent of the immediate damage and the future damage of the actual occurrence, provided that the It is a natural consequence of the harmful act".