Compensation with the equivalent wage - a comparative study

Abstract

Abstract: The basic principle in assessing compensation is to oblige the person who caused the damage to fully compensate the injured party for the damage and losses caused by his negligent or aggressive act and to restore the situation to what it was before the damage occurred. As an exception, civil codes allow the assessment of compensation to be equal or close to the damage to compensate the damage incurred by the injured party without covering the full damage and losses based on the requirements of justice due to the impossibility of restoring the situation to what it was before the damage occurred. The fair wage is one of the compensations that is based on compensating the damage and losses to an appropriate extent due to the impossibility of restoring benefits after civil codes have recognized the possibility of compensating the damages that occur to benefits and recognizing it as money. Since this is the case, the judge and the injured party must take into account the special provisions related to the fair wage within the scope of the exception to avoid the judge expanding the scope of the exception that the law prohibits, while taking into account the elements and components upon which the validity of its assessment depends, in addition to taking into account the foundations and controls that affect the amount of the wage and the standards upon which it is based after the injured party adheres to the legally prescribed form for claiming it.