عناصر الضرر الجسدي مستوجب التعويض في القانون المدني الأردني

Other Title(s)

Elements of physical harm are compensable in the Jordanian civil code

Dissertant

النعيمات، محمود سالم

Thesis advisor

الذنيبات، أسيد حسن أحمد

University

Mutah University

Faculty

Faculty of Law

Department

Department of Private Law

University Country

Jordan

Degree

Master

Degree Date

2019

English Abstract

Elements of physical harm Require compensation in the Jordanian civil code and it's a vital subject being in the reality of society, where it is the highest right possessed by human, which is his right in the safety of his body and his life against any assault.

Our introduction to the subject was in a preliminary chapter which in exposed the consept of damage and what it’s about, what its forms and conditions which are compensable and must be available for any damage, Then we took in the second chapter about the nature of the phisical harm that affects the human body and his life with a statement of the concept of phisical harm in general according to the article ( 274 ) Of the Jordanian civil Code ,The Jordanian legislator didn't remain the prisoner of the traditional division of damage.

And we took in the third and the fourth chapters about identify elements of physical harm which would be compensated, which includes physical injury in the narrow sense, It also includes adverse consequences and effects ( financial and non-financial ).

But in the fifth chapter, the estimate of guaranteeing physical harm was examined, And the general rule for the determination of compensation for damage in general the article ( 266 ) Of the Civil Code which includes two basic principles, First: The compensation shall be equal to the damage.

Second: The amount of compensation for damage shall not exceed, and that the principle of full compensation would be mitigated when applied, another principle Is the full discretionary power of the subject judge.

In the sixth chapter problems of estimating compensation for how to compensate and the time of compensation estimate and recalculate the situation of worsening damage, finally combine more than compensate in particular the fatality.

This study has reached several conclusions and recommendations, Include that the Jordanian legislature could built the view of Islamic jurisprudence, And the Western jurisprudence that necessitated a guarantee of death and on the physical harm in general, And what resulting in financial or moral damages, However the Jordanian legislature didn't specify any physical harm detailed texts showing the amount of compensation or how it is done, But made it appreciated with material damage in general, It is problematic to combine ransom and the amount of civil compensation not based on essentially a different source right for each, hoping that reunification jurisdiction over ransom matters.

Main Subjects

Law

No. of Pages

351

Table of Contents

• APA
• MLA
• AMA

Language

Arabic

Data Type

Arab Theses

Record ID

BIM-1402892