{"title":"Changes in the Value of Harm and Their Impact on Judicial Compensation: The Case of Egypt and the UAE","authors":"Mahmoud Alkhen","doi":"10.3366/ajicl.2024.0485","DOIUrl":null,"url":null,"abstract":"The focus of the current study is on civil liability. It is devoted to a comprehensive examination of the problems associated with the use of a proven method of civil rights protection – compensation for harm, namely, the determination of its scope and other characteristics together with their influence on the compensation decision within the judicial process. This research aims to analyse the types of harm, the methodology for its determination, the functioning of the principle of full compensation when the amount of harm and its constituent elements change and the peculiarities of the compensation assessment by the judge. The study addresses the feasibility of best practices in the legislation of Egypt and the UAE, allowing a judge to choose a method of compensation that they consider appropriate for reimbursing the harmed party in the trial within the framework of their competence established by the law. The obtained analytical materials and normative arguments will help many foreign entities to better navigate the realities of civil law in Middle Eastern countries when planning their activities in these countries.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.3000,"publicationDate":"2024-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"African Journal of International and Comparative Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.3366/ajicl.2024.0485","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
The focus of the current study is on civil liability. It is devoted to a comprehensive examination of the problems associated with the use of a proven method of civil rights protection – compensation for harm, namely, the determination of its scope and other characteristics together with their influence on the compensation decision within the judicial process. This research aims to analyse the types of harm, the methodology for its determination, the functioning of the principle of full compensation when the amount of harm and its constituent elements change and the peculiarities of the compensation assessment by the judge. The study addresses the feasibility of best practices in the legislation of Egypt and the UAE, allowing a judge to choose a method of compensation that they consider appropriate for reimbursing the harmed party in the trial within the framework of their competence established by the law. The obtained analytical materials and normative arguments will help many foreign entities to better navigate the realities of civil law in Middle Eastern countries when planning their activities in these countries.