15 Nov 2021

Karbala University discusses a Ph.D. thesis on fair compensation
The Faculty of Law at the University of Karbala discussed the doctoral thesis tagged: “(Fair Compensation – A Comparative Study). The thesis was submitted by the student: Amal Ali Abdul-Hussein Al-Mousawi.”
The thesis aimed to show that the issue of just compensation is not a theoretical one because it has a theoretical and practical aspect and has taken a large space in the field of jurisprudence, the judiciary, and even in legislation, due to the presence of explicit texts referring to it. Complete, but it may not be so. It may be compensation given to the injured person less than its original amount based on the principles 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, neither more nor less, so just compensation is an exception and the exception may not be expanded.
The thesis concluded that just compensation is found in special laws without being limited to general civil laws, and the legislation did not specify a clear meaning for the definition of just compensation, and also we did not find specific controls or mechanisms for estimating just compensation, except that jurisprudence and the judiciary have tried to find controls and bases for estimating this compensation, it may be taken into account in His assessment of the circumstances and considerations related to both the responsible and the injured, based on the requirements of justice stipulated by the laws.
In conclusion, the researcher reached a number of proposals and recommendations, the most important of which is that there are cases that may arise from compensation, as it may constitute an accident, so the amount of this compensation changes, making the responsibility of the person responsible for the damage a mitigating one, by paying part of the compensation or he may not be responsible to be exempted from compensation, and in order to achieve fair compensation for By providing appropriate satisfaction to the injured party, and it is not required that the amount of compensation be equal to the value of the damage. Just compensation constitutes a special situation among other types of compensation, and it has special provisions that may not be incompatible and inconsistent with full compensation for damage, and we can also find applications for just compensation stipulated by laws.

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