الـتـعـويـض العـادل ( دراسـة مـقـارنـة )

"Fair Compensation ( A Comparative study "

The fair compensation isn’t an intellectual or a theoretical issue, rather it is a practical and applied aspect and has taken a great deal in the fields of jurisprudence, space and legislation, where there are explicit texts and in certain cases defined by the legislator, compensation is just, so the original compensation is complete, but it has been It is not so, so it is compensation given to the injured person less than its original amount based on the requirements of justice, and this is an exception to the general principle in that the amount of compensation is equal to the value of the damage no more or less, and the exception is not permissible to expand it as there is in the folds of this research compensation is not only limited to general civil laws, but this type of compensation is found in special laws as well, so just compensation may take into account the situation of the person responsible for the injury and the injured, taking into account the requirements of justice stipulated in the laws and taking into account also in assessing a fair compensation the circumstances and considerations related to the responsible and the injured Together, the legislation did not specify a clear meaning for the definition of fair compensation, and we also did not find specific controls for assessing this compensation.

In addition, there are cases that may occur to compensation, which may form a symptom of what has changed the amount of this compensation, which makes the person responsible for the damage either to pay part of the compensation or may be exempt from it, and in order for fair compensation to be achieved by presenting to the aggrieved party with appropriate satisfaction and it doesn’t necessarily have to be equal to the amount and value of the damage.

Fair compensation constitutes a special situation in other compensation systems and has special provisions that may not be damaged or consistent with full compensation fo general rule in just compensation, we can find applications for it in general laws as in tort and gain without cause And we also find applications in private laws as well as in the acquisition law and the copyright protection law in case of violation of his rights .