إفتراض الضرر في المسؤولية المدنية : دراسة مقارنة

Abstract EN

The principle is that compensation is not due unless the injured party proves that the wrongful behavior or act has caused him a direct and verifiabledamages .

However, the legislator may sometimes resort to the idea of a legal presumption, so he assumes the existence of damages and dictates that compensation is due even if the damages has not actually been achieved.

Given that this assumption constitutes a blatant departure from the general rules familiar in civil law, its implementation and application by the judge requires a set of controls, the judge must first rely on either an explicit or implicit legal text that assumes this damages, or the existenceof a prior agreement between the two parties on the entitlement Compensation by mere breach of the obligation without the need to prove the realization of the damages, and it must also be ensured that the basis of the damages is verified, i.e.

the conception or condition on which the legislator built this assumption.

Compensation estimate.

This supposed damage finds many legal applications, as is the case in assuming damage for delaying the implementation of the obligation to pay an amount of money, as well as losing a deposit if it is presented as a penalty for reversal, and a fine for delay in public deals contracts.