مدى صلاحية التعويض العيني لجبر الضرر المستقبل: مقارنة في القانونين العراقي والإنكليزي

Abstract EN

Damage is considered one of the pillars of civil responsibility.

If there is no harm, then there is no civil liability, whether it is contractual or negligent, and this is determined by the rule that no lawsuit without interest.

If the traditional compensation methods do not raise a problem or a question in the event that the damage is fixed, then the matter is not so with regard to the received or changed damage, the latter is considered unstable or unstable damage with its results, the compensation methods are in-kind compensation, and compensation in return (whether it is cash or Non-monetary), which of the two methods of compensation is more suitable than the other to redress future damage, and its various types (financial, moral, and physical) The in-kind compensation that is the subject of the research is embodied in restoring the case of the victim to what it was before the occurrence of the damage, i.e.

by removing the damage and erasing its effects completely, and if we are in the future of damage, the results of which extend to a later time due to the occurrence of the harmful act, so this type of compensation is correct to make it correct or not? And if the in-kind compensation alone is not suitable for reparation for the future damage, can it be combined with another method of compensation in exchange for reparation of this type of damage.