طبيعة التعويض عن الضرر المعنوي

Abstract EN

Definition of civil liability in general as an obligation of a person to compensate the damages caused to someone else.

In civil law books, it is generally accepted the division of responsibility to civil liability and criminal liability, and the division of civil liability to dogmatic liability and delictual liability.

Whatever be the case of this division, it must compensate the damage caused by a lumpy or neglect mistake, and the damage compensation base do not give rise to any problematic if the damage in question is a material damage.

But if the moral damage is an intangible damage, there are several problematics, the most important of which is to determine the nature of compensation for this type of damage, especially that the first communities did not show the idea of compensation on account of of honor and consideration.

So, two trends emerged in determining the nature of compensating the moral damage.

It has a specific sentence nature.

In jurisprudence, others believe that compensation for moral damage is a real compensation similar to compensation for material damage.