مفهوم مبدأ الرد الكامل للمنافع

Abstract EN

A principle of full refund of benefits is considered a special type of civil protection to reduce the mistakes benefit, resulting from prior and systematic planning of breaching a legal or contractual obligation.

Furthermore, this principle seeks to take away any material benefit of the mistaken person as a result of his mistake.

Consequently, this principle's nature is considered non-compensatory because it does not aim to eliminate or mitigate the damage as is the case with compensation; besides, it is not considered a punitive penalty.

After all, the perpetrator of the mistake is not obligated to pay sums of money more than the benefits he gained.

Accordingly, the benefits refund principle's goal is to restore the position to the placement it was in before the mistake.

Many of its applications are present in civil liability, whether contractual or negligent since it is not conceivable to have a lawsuit for benefits refund unless it is under the heading of compensation, especially in Latin-leaning laws that adopted some of its applications under the concept of compensation.Moreover, the benefits refund is an exceptional principle, and therefore the scope of its provision may not be extended to other than the cases stipulated in the legal texts only.

These cases are limited and distributed in the nodal and default domain.

Nevertheless, there has become an urgent need to adopt the principle and make its ruling a science applied to an unlimited number of cases.

The adoption of the idea of adopting this principle has its justification, which lies in the deficiency of the traditional rules of civil liability.

Thus it will lead to a tool of guarantee, deterrence, and achieving justice.