Compensation for Variable Damage In the Jordanian Civil Code

Abstract

The study dealt with compensation for variable damage by clarifying the concept of variable damage and displaying its forms, in addition to indicating the types of variable damage, the factors affecting the estimation of compensation for variable damage, and the influencing factors either related to the victim's health condition or an error made by him, or related to the severity of the error of the person responsible for the damage. The study also showed the time of estimating compensation for variable damage, and the change of damage after the issuance of the final judgment. The study concluded several results, the most important of which is that the most appropriate compensation for the change in damage after the issuance of the final judgment is to be in the form of a regular income so that this form accommodates the change in the damage in case of exacerbation or decrease.

The study concluded that it is necessary to amend the text of Article (363) of Jordanian Civil Code, which specifies the time for determining the value of damage at the time of its occurrence and not at the time of issuing final judgment, in addition to the need to add an explicit legal provision in Jordanian Civil Law that explicitly states that the judge takes the circumstances into account when  estimating damage  compensation .