Extent of the transfer of the right to compensation for moral damage (Comparative Analytical Study)

Abstract

This study aims: to reach a solution to the research problem related to the transferability of the right to compensation for moral damage according to Article (267) of a Jordanian civilian.What concerns the law within the scope of harmful work is the development of legal texts that guarantee that the individual obtains his rights as a result of this harmful and illegal work through compensation. If the harm, both material and moral, affects the individual and affects his rights, compensation must include this harm, and the restrictions or conditions imposed negatively affect those rights, especially in the case of the victim’s death before claiming it or a final court ruling regarding moral damage. To put these two restrictions is wrong; This is because, in practice, the time required to conclude an agreement with the official or obtain a final judgment may not suffice, and the matter becomes more dangerous in the event of immediate death.In this study, we address: the position of the civil legislation under study regarding compensation for moral damage, then we discuss the position of those civil legislation that took compensation for moral damage on the issue of transferring the right to compensation for moral damage to the heirs.Research Methodology: The comparative analytical approach between the texts of the Jordanian civil law with the Egyptian civil law related to the subject of the research, with reference whenever necessary to the French and Algerian civil law.The study recommended: amending the second paragraph of Article (267) of a Jordanian civilian to become as follows: “In the event of the death of the injured person due to the harmful act, the guarantee shall be imposed for the moral and material damage caused to the injured as a result of death, because the damage was achieved in relation to him before death and is included in his estate as part of his money. The right to this guarantee passes to the heirs because it is part of the estate, even if the injured person did not claim it before his death.Amending the third paragraph of Article (267) of a Jordanian civilian to become as follows: “It is not permissible for the heirs or others to claim other compensation for the moral damage they have suffered due to the death of the injured person, other than what was mentioned in the aforementioned second paragraph.”The study recommended: amending the second paragraph of Article (267) of a Jordanian civilian to become as follows: “In the event of the death of the injured person due to the harmful act, the guarantee shall be imposed for the moral and material damage caused to the injured as a result of death, because the damage was achieved in relation to him before death and is included in his estate as part of his money. The right to this guarantee passes to the heirs because it is part of the estate, even if the injured person did not claim it before his death.Amending the third paragraph of Article (267) of a Jordanian civilian to become as follows: “It is not permissible for the heirs or others to claim other compensation for the moral damage they have suffered due to the death of the injured person, other than what was mentioned in the aforementioned second paragraph.”