الضرر الأدبي بين الافتراض والواقع دراسة مقارنة

كاظم ناصر, أ. د. عبد المهدي; امين احمد, الباحثة نور

doi:10.63677/jqlap.2023.180125

	الضرر الأدبي بين الافتراض والواقع دراسة مقارنة
AL-Qadisiya Journal For Law and Political Sciences
Volume 14, Issue 1, May 2023, Pages 630-645 PDF (524.33 K)
DOI: 10.63677/jqlap.2023.180125
Authors
أ. د. عبد المهدي كاظم ناصر; الباحثة نور امين احمد
AL-Qadisiya Journal
Abstract
It is indisputable that damage is the most important element for establishing civil liability (whether contractual or tortuous)، as compensation is estimated by the amount of that damage if it has caused material damage، because the estimation of compensation for it is judged by its elements، which is the loss incurred by the injured and the gain that he missed، as This process does not raise any problems، even within the scope of proof. The person who claims to have been harmed must prove that harm inflicted on him. However، there is another type of harm that comes as a result of pain، grief، and compromising reputation and honour. Multiple problems arise around him، including what is related to the assessment of his compensation if it is not There is a material shortage on the basis of which the damage is estimated because it affects the moral aspect of people، and accordingly، although compensation for moral damage is present in some studies، the idea of assuming that harm is a topic worthy of research، because the assumption means exempting the plaintiff from the burden of proving that harm and thus his entitlement to compensation as soon as the error occurs Whether or not the damage is provable to the contrary.
Keywords
Damage; moral; compensation; assumption; fact

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