التقدير القضائي للتعويض عن الضرر المعنوي في التشريع الجزائري

Abstract EN

Issues related to compensation and redress are among the most prominent cases related to the discretionary authority of the judge, considering that the discretionary power is a necessary requirement of the judicial position and is listed alongside the judicial authority.

The Algerian legislator has approved the principle of compensation for moral harm in the text of Article 182 bis of the Civil Code, after the amendment of 2005, when most of the provisions of the civil law were flexible allowing the judge to find an appropriate solution to the dispute before him, which opened the door for the judge to implement his discretionary power in the field of compensation for damage The moral, and this appears in how the judge undertakes the mental activity in arranging the right to compensation and determining its amount.