THE EXPERT'S ROLE IN ESTIMATING COMPENSATION FOR MORAL DAMAGE (COMPARATIVE STUDY)
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Date
2022-01-24
Authors
Mansour, Aman
Journal Title
Journal ISSN
Volume Title
Publisher
An-Najah National University
Abstract
This study seeks to find innovative criteria and methods that constitute an attempt to frame the expert's role in estimating compensation for moral damage, where he assumes this task from the moment of his assignment by competent by the competent court through determining the method of compensation that is most appropriate with the legal principles to be followed, in order to implement his experience in deriving assessment criteria by extrapolating the factors affecting it, and ending with estimating the amounts due as compensation for moral damage. So, this study presents an attempt to understand and analyze the approach followed in the estimation, leading to a preliminary proposal for change, in light of the continued state of legislative, judicial, and technical ambiguity of the bases on which an estimate the “material consideration” or compensation for moral damage,
and that this the study came as an attempt to shed light on expert's role as an important tool od judiciary to reach the goal of achieving justice among the affected, especially, since leaving this task mostly to the judiciary keeping him away from achieving this goal as long as he has almost absolute authority to assess this type of compensation without restrictions. This study was able to analyze a group of factors affecting the estimation of compensation for moral damage, presented suggested methods for estimating this type of compensation and revealed some of the criteria used in estimating compensation for moral damage whether they are criteria related to mathematical, technical and hypothetical foundations. Moreover, this study sheds light on the authority of the judiciary in approving the experience report by studying the authoritative report of the expert estimating moral damages and controlling the criteria he followed to implement his experience, and that all of the above was the result of reading and analyzing a number of judicial decisions, reports of technical expertise, jurisprudence studies and models of legislative solutions in the legal systems in
Description
This study seeks to find innovative criteria and methods that constitute an attempt to frame the expert's role in estimating compensation for moral damage, where he assumes this task from the moment of his assignment by competent by the competent court through determining the method of compensation that is most appropriate with the legal principles to be followed, in order to implement his experience in deriving assessment criteria by extrapolating the factors affecting it, and ending with estimating the amounts due as compensation for moral damage. So, this study presents an attempt to understand and analyze the approach followed in the estimation, leading to a preliminary proposal for change, in light of the continued state of legislative, judicial, and technical ambiguity of the bases on which an estimate the “material consideration” or compensation for moral damage,
and that this the study came as an attempt to shed light on expert's role as an important tool od judiciary to reach the goal of achieving justice among the affected, especially, since leaving this task mostly to the judiciary keeping him away from achieving this goal as long as he has almost absolute authority to assess this type of compensation without restrictions. This study was able to analyze a group of factors affecting the estimation of compensation for moral damage, presented suggested methods for estimating this type of compensation and revealed some of the criteria used in estimating compensation for moral damage whether they are criteria related to mathematical, technical and hypothetical foundations. Moreover, this study sheds light on the authority of the judiciary in approving the experience report by studying the authoritative report of the expert estimating moral damages and controlling the criteria he followed to implement his experience, and that all of the above was the result of reading and analyzing a number of judicial decisions, reports of technical expertise, jurisprudence studies and models of legislative solutions in the legal systems in
Keywords
Expert, Estimating, Compensation, Damage, Moral Damage