دور جسامة الخطأ في تقدير مقدار التعويض

دور جسامة الخطأ في تقدير مقدار التعويض

م.م. زينب محسن محمد
كلية القانون / جامعة ساوة الأهلية / العراق / المثنى

Abstract:
Fault is a fundamental principle of civil liability, representing conduct that violates the law or custom and results in harm to others. The assessment of compensation for this harm is directly linked to the severity of the fault, that is, the degree of the seriousness or error of the person causing the harm. The greater the fault, the greater the perpetrator’s liability and the higher the amount of compensation due, and vice versa. In this context, Iraqi civil law plays a clear role in establishing standards for determining fault and its degrees by examining the circumstances and actions that led to the harm and the perpetrator’s awareness of the consequences of their conduct. Furthermore, the assessment of compensation is not based solely on the actual harm but also considers the severity of the fault and the perpetrator’s adherence to due care and caution. The importance of examining the severity of the fault lies in protecting victims by ensuring they receive fair compensation commensurate with the extent of the harm, while simultaneously upholding the principle of justice for the perpetrator, ensuring they are not burdened with compensation exceeding what the fault warrants. The courts also play a crucial role in interpreting and applying these standards, contributing to the consistency of judicial decisions and mitigating disputes between parties. In general, the research highlights the close relationship between the severity of the error and the assessment of the amount of compensation, stressing that understanding this relationship promotes legal justice and ensures a balance between protecting the victim and not burdening the perpetrator with more than the actual damage.