Compensation for Moral Damage within the Scope of Contractual Liability under the Jordanian Civil Code
A Comparative Study
DOI:
https://doi.org/10.35246/y3yqxg39Keywords:
Contracts, Moral (Non-Pecuniary) Damage, Contractual Liability, Compensation, Human RightsAbstract
Compensation for moral (non-pecuniary) damage remains a vital issue in civil law, reflecting the legal system’s commitment to safeguarding human dignity and emotional well-being beyond material interests. Such damage typically arises from psychological harm, defamation, or negligence that inflicts emotional suffering difficult to quantify yet deeply affecting the injured party. While this form of harm is traditionally addressed within tortious liability, its recognition under contractual liability remains controversial and legally uncertain. This study explores the extent to which compensation for moral damage can be granted within contractual relations under the Jordanian Civil Code. It identifies a legislative gap and analyzes judicial and comparative perspectives to determine whether existing legal provisions implicitly allow such compensation. Adopting descriptive, analytical, and comparative methodologies, the research examines relevant statutory texts, doctrinal opinions, and judicial reasoning in Jordan and other civil law systems. The findings reveal that Jordanian law does not explicitly regulate moral damage within contractual liability, leaving interpretation to courts. The study recommends formal recognition of such compensation, given its impact on the contracting party’s dignity and emotional state, and argues that doing so would strengthen justice, contractual confidence, and alignment with contemporary comparative legal developments.
Downloads
References
i. Bénabent, A. (2005). Droit civil: Les obligations (12ᵉ éd.). Paris: LGDJ.
ii. Carbonnier, J. (2000). Droit civil: Les obligations. Paris: Dalloz.
iii. Chabas, F. (1975). Responsabilité civile et responsabilité pénale. Paris: Montchrestien.
iv. Draganov, H. G. (2019). Moral damages and the activity of insurance companies. D. A. Tsenov Academy of Economics, 1(20). https://ideas.repec.org/a/dat/bmngmt/y2019i1p56-66.html
v. Flour, J., Aubert, J.-L., & Savaux, É. (2011). Les obligations – Le rapport d’obligation (7ᵉ éd.). Paris: Sirey.
vi. Micallef-Grimaud, C. (2011). Article 1045 of the Maltese Civil Code: Is compensation for moral damage compatible therewith? Journal of Civil Law Studies, 4, https://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=1050&context=jcls
vii. Starck, B., Roland, H., & Boyer, L. (1996). Les obligations. Paris: LGDJ.
viii. Abu Tayeh, B. A., & Al-Tarawneh, A. (2024).The scope of compensation for moral damage in contractual liability under the Jordanian Civil Code and Islamic jurisprudence. ordan Journal of Law and Political Sciences, 16(2). https://doi.org/10.35682/jjlps.v16i2.822.
ix. Al-Jubouri, Y. M. (2024). The general theory of obligations and personal rights: Sources of obligation (Vol. 1).Amman, Jordan: Dar Al-Thaqafa for Publishing and Distribution.
x. Jum‘a, A. R. (2017).Judicial guarantee within the scope of contractual liability according to the provisions of the Jordanian Civil Code: A comparative study. Dirasat: Shari‘a and Law Sciences, 44(Suppl. 2). University of Jordan.
xi. Al-Jundi, M. S. (2015).On tort liability: Liability for harmful acts—A study in Western jurisprudence, Islamic jurisprudence, and the Jordanian Civil Code (Vol. 1).Amman, Jordan: Dar Al-Thaqafa for Publishing and Distribution.
xii. Al-Habashi, A. A. M. (2022).Compensation for moral damage: A comparative study with the provisions of Kuwaiti law.Journal of Law, (1). Kuwait University.
xiii. Dhanun, H. A. (2006).Al-Mabsut in the explanation of the civil law.
xiv. Amman, Jordan: Dar Wael Publishing.
xv. Al-Sanhouri, A. A. (2015).Al-Wasit in the explanation of the new civil code: The general theory of obligation—Sources of obligation (3rd ed.).Beirut, Lebanon: Al-Halabi Legal Publications.
xvi. Al-Sanhouri, A. A. (2015).Al-Wasit in the explanation of the civil code: Sources of obligation (Vol. 1).Beirut, Lebanon: Al-Halabi Legal Publications.
xvii. Amer, H. A. (1979).Civil liability: Tortious and contractual (2nd ed.).
xviii. Cairo, Egypt: Dar Al-Ma‘arif.
xix. Al-Awji, M. (2009).Civil law: Civil liability (Part II).
xx. Beirut, Lebanon: Al-Halabi Legal Publications.
xxi. Qasim, M. H. (2018).Civil law: Obligations – Sources – Contract (Vol. 2).Beirut, Lebanon: Al-Halabi Legal Publications.
xxii. Markus, S. (n.d.).On the theory of exoneration from civil liability: Fortuitous event and force majeure, act of the injured creditor, act of a third party—A comparative study in contractual and tort liability in French and Egyptian law. Cairo, Egypt: Al-I‘timad Press.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.
