إشكالية تقدير التعويض في المسؤولية المدنية: دراسة مقارنة في القانون العراقي والمصري

Abstract EN

The problem of estimating compensation arises in the tort and contractual liability due to compensation in both liabilities that are sometimes similar and differ at other times.

the problem becomes deeper if we know that the damage changes in four times, which are the time of the injury, the time of filing the lawsuit, the time of pronouncing the judgment, and the time of the change of the damage.

in this case, what is the ruling according to which the damage is assessed, at any time the judge relies on it to estimate the damage? this problem was dealt with by the judiciary in tort, but it stopped treating it in contractual liability.

in this research, we shed light on the method of treating the assessment of damage in contractual liability and the use of judicial remedies in negligence to apply it to contractual liability.