مجلة الواحات للبحوث و الدراسات

Regimes Of Compensation For Damage

Auteurs : Hachemi Mustapha .

Résumé

This article advocates for a reform of civil liability rules and an extension of specialized regimes to include compensation for moral damage, thereby ensuring more comprehensive and equitable protection for victims. The civil liability regime, traditionally compensating damages, is limited in scope, leading to specialized compensation systems for work and traffic accidents. This study compares these systems, highlighting fundamental differences in principles and application. Civil liability offers full material and moral compensation based on harmful acts and damage. Conversely, special regimes, rooted in risk theory, prioritize social objectives and often restrict compensation to bodily harm. The article advocates for civil liability reform and expanding specialized regimes to include moral damage, ensuring more comprehensive victim protection.

Mots clés

compensation ; civil liability ; work accidents ; traffic accidents