Open AccessCompensating a Legal Person for Moral Damage in Jordanian Law
Author(s) -
Mohammad Mahjoob Almaharmeh
Publication year - 2022
Publication title -
journal of politics and law
Language(s) - English
Resource type - Journals
eISSN - 1913-9055
pISSN - 1913-9047
DOI - 10.5539/jpl.v15n2p1
Subject(s) - law , legislator , legal liability , political science , legal research , legal profession , civil law (civil law) , moral rights , argument (complex analysis) , legislation , sociology , liability , public law , intellectual property , biochemistry , chemistry
The issue of compensating the legal person for the moral damage it causes to it has raised a great argument of controversy in Jordan, especially in light of the refusal to recognize the rights attached to the natural person of the legal person. This research came to identify the legal nature of the legal personality and the moral damage and the position of the Jordanian law on it, and to determine the feasibility, adequacy and appropriateness of the legal texts contained in the Jordanian civil law in knowing the extent to which the legal person may be compensated for moral damage. Using the opinions of jurists and judicial and explanatory decisions, the researcher has found that moral damage has multiple forms, a research that arises from the act and assault carried out by the aggressor. As a result, it is not appropriate to limit moral damage to rigid legal texts based on what is stated in the legislation and decisions of the esteemed Court of Cassation, as the researcher recommends. The Jordanian legislator should include general provisions clarifying the civil liability of the legal person, and the researcher recommends a separate chapter in the civil law to talk about the moral damage and its multiple meanings and aspects and how to rule for compensation and claim it.