الأضرار المعنوية على الأسرة وسبل رفعها دراسة فقهية مقارنة مع القانون

Rp-Moral damages and ways to remove them from the family (a jurisprudence study).pdf

Damage is one of the pillars of tort responsibility, and it is the harm that befalls a person in his money, body, emotions and feelings, and the different legislations meet in the necessity of achieving harm because of the harmful act so that the injured person is affected by the damage he has suffered The harm is of two types, one of which is material, which affects the person in his financial or physical liability, and the other is moral harm that affects his emotional and feeling, and the two harms may meet as a double result of one harmful act.
Certain legal conditions must be fulfilled in the damage to be subject to redress and compensation. Otherwise, the victim loses the protection of the law and makes it possible for him to obtain the compensation he seeks The nature of moral damage is a non-material nature that does not affect the money, or the body, but rather affects the emotion, honor, moral values and social status, so jurisprudence hesitated for a long time in accepting the idea of compensation for moral damage (psychological damage); This is because the psychological damage does not affect the money of the affected people, but rather a right or a non-financial interest. This type of harm is inflicted by what is called the social aspect of moral or psychological edema, so that it is usually associated with material damage, or it is inflicted with emotion or feeling the pain that it causes in the soul and sorrows, and then it is called the emotional aspect of moral and psychological edema, so that it alone is not accompanied by material damage, And he may have been involved in other matters of a non-financial nature. Compensation is considered a remedial judicial means to remove or mitigate the harm resulting from the violation of the right to privacy. It is a general penalty when fulfilling the conditions of tort liability arising from the assault on the sanctity of private life.