التعويض العادل في المسؤولية التقصيرية : دراسة مقارنة

Abstract EN

Fair compensation is of great importance at the legal level due to its specificity within the scope of civil law as incomplete compensation, and the strong support for fair compensation has led to a response to a basic demand required by justice, as adherence to it achieves many advantages, so it is much preferred over other compensation systems and at the same time is more flexible.

Regarding the case of the responsible person who committed the harmful act, it is permitted to conduct a realistic treatment in which justice requires taking into account the circumstances of the responsible and the circumstances of the occurrence of the harm because in these cases equality is not required, as the injured party receives compensation less than its original amount if the compensation is complete, and fair compensation is achieved in certain cases The legislator stipulated it in accordance with the circumstances related to the person responsible for the harmful act.

The idea of full compensation began to diminish, to be replaced by fair compensation.