دعوى مراجعة الحكم الصادر بالتعويض : دراسة قانونية مقارنة

Abstract EN

The case for reviewing the judgment for compensation means the legal and judicial means through which the judiciary intervenes to reconsider the judgment issued by estimating the amount of compensation it has decided to achieve the variable damage as a result of the tort responsibility resulting from the harmful act.

The review shall be in light of the changes that occurred in the circumstances surrounding the judgment, which are represented by the change in the elements of the damage itself, by increasing or decreasing its amount.

or as a result of changing the value of this damage by increasing or decreasing prices.

The judgment for compensation is of a special nature, as it is established based on legal centers that extend in time and in terms of its ability to change, when the circumstances surrounding it change.

In order to restore equilibrium, balance and the lost proportionality between the amount of compensation and damage, and to achieve the principle of justice.

The judgment for review shall be issued either by amending the previous judgment issued for assessing compensation, rescinding it, or maintaining it.