Literary Harm Jurisprudence And Legislation

Authors

  • Asala Kewan Al Sham Private University

Abstract

  Harm in general is inflicting spoilage to others at all, and it is every harm that inflicts a person, and this harm has two forms, it may be material damage to the person in his money or body or lead to a loss or lose his earnings, and it may be moral damage to the person in his feelings and emotions. Jurists in defining it and determining its conditions and images.Their difference was based on the fact that moral damage inflicts non-material aspects, and these aspects may be difficult to determine at times. This process of compensation for material damage does not raise any problem because it is possible to know its amount by the amount of loss suffered by the injured and the gain that he missed. As for moral damage such as psychological pain and defamation, the problem arises because this damage did not cause a specific material deficiency in order to assess compensation on its basis and thus compensation, which led to difficulties in the field of estimating the moral damage and compensation for it. Therefore, we will clarify the definition of moral harm in jurisprudence, legislation and the judiciary in order to try to arrive at a definition of this harm that is suitable for building judgments on it. Then we explain the compensation mechanism for it.  

 

 

Author Biography

Asala Kewan, Al Sham Private University

Professor - Department Of  Private Law                                                                                                     

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Published

2022-05-19

How to Cite

كيوان . أ. . (2022). Literary Harm Jurisprudence And Legislation. Tishreen University Journal- Economic and Legal Sciences Series, 44(2), 169–182. Retrieved from https://journal.tishreen.edu.sy/index.php/econlaw/article/view/12450

Issue

Vol. 44 No. 2 (2022): Tishreen University Journal of Research and Scientific Studies - Economic and Legal Sciences

Section

Articles

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