Equivalent compensation in civil law

Shawwat, Hussein Obeid; Muhaisen, Samira Hussein; Lafta, Abdullah Sajet

doi:10.63677/jqlap.2024.183598

	Equivalent compensation in civil law
AL-Qadisiya Journal For Law and Political Sciences
Article 33, Volume 15, Issue 1, June 2024, Pages 831-85 PDF (467.46 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2024.183598
Authors
hussein obeid shawwat^* ¹; Samira Hussein Muhaisen²; Abdullah Sajet lafta³
¹College of Law, Al-Qadisiyah University
²Al-Qadisiyah University/College of Law/Special Department
³College of Law - Al-Muthanna University
Abstract
Equivalent compensation in civil law is one of the very important topics that is not discussed in the legal arena, as it examines what follows the invalidation of the contract and is considered a legal solution to compensate the creditor’s damage as a result of the impossibility of returning the thing in place of the contract that was invalidated. Despite this, it has not received the importance it deserves in legal research because this type of compensation is considered to have a specificity different from other types of compensation because it is not measured by the measure of damage, but rather by the value of the thing that was impossible to return after the contract was invalidated. Also, this compensation is characterized by its nature. Legal means based on the legal text Without the will of the individuals entering into it, just as its concept is limited to the scope of the contract after its invalidation, it cannot be conceptualized in the responsibility of guilt for a negligent error. The legal text that organized this type of compensation limited it to the invalid contract and nothing else, then it reduced that. It is monetary compensation, then there is an alternative. About responding in kind to something.
Keywords
compensation; civil law; monetary compensation

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