The Right Ability to Compensation for moral damage for the transfer ‎In Civil law jurisprudence

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Dr. Nasir Jamil Mohammad alshamaileh

Abstract

This study aims To clarify the position of civil law’s jurisprudence regarding compensation for moral damage and the ability of the right to be compensated for it to be transferred to the heirs through the statement and discussion of jurisprudential trends to favor one of them.


If the subject of material damage and its compensation has settled many of its provisions, then the provisions of moral damage and the issue of its compensation are among the issues that the controversy has not stopped so far, opinions differed about the possibility of compensation for it, and despite the fact that modern laws in most of them take the principle of compensation for Moral damage within the scope of tort liability, this does not mean that there is no one who opposes this and tries to exclude it with many arguments.


The matter did not stop there, but the jurisprudential difference extended to the extent to which the right to compensation for moral damage was transferred to the heirs. The basis of this dispute was about the nature of the right to compensation for moral damage.


One of its features is that it is a purely personal right, and its consideration as a financial right and its entry into a person’s wealth depends on the estimation of the benefactor or his claim to it. If he dies before he is claimed, this right expires with the death of the injured party, and the heirs have no right to claim it, As for the other section of the jurists, they said that this right is transferred to the heirs even if the injured party did not claim it before his death, because the occurrence of death before the claim of the right does not benefit the relinquishment of it, because the waiver is not assumed even with the recognition that this right is a personal right.


In this study, we address the position of legal jurisprudence regarding compensation for moral damage by presenting the doctrinal trends, and then we also address the position of civil jurisprudence on the issue of the transfer of the right to compensation for moral damage to the heirs.


Research Methodology: Analytical method: It is based on the analysis and discussion of jurisprudential opinions in order to derive appropriate results to compensate for the moral damage and pass it on to the heirs.


The study recommended: adopting the jurisprudential trend in compensation for moral damage and its transmission to the heirs, even if the injured party did not claim it before his death.

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