Legal Adjustment of Damages Compensation Funds

Abstract

The subject of the research revolves around the legal Adjustment of compensation funds for damages that are established by the state to deal with damages resulting from specific actions or natural or human disasters. These funds are considered a tool for the administration to confront serious and unusual damages that individuals are unable to bear, so society stands in solidarity with them in bearing the burden. These damages by compensating them for them, which is what we will address in this research by discussing the nature of these funds by researching their concept, and that they are bodies created by the state and enjoy legal personality, and the law of their creation determines the compensation mechanism and its amount. We also discussed the reasons that prompted the adoption of the system. Compensation through funds, which turned out to be the result of the failure of traditional liability rules to compensate those affected despite the severity of the damages, which contradicts justice and logic. We also discussed the extent of the impact of compensation through funds on the functions of traditional responsibility, especially the compensatory function of responsibility and the impermissibility of combining two compensation for the same damage through the fund. Who is responsible for the damage and how to avoid this, as well as the deterrent function of liability through the responsible person alone bearing the burden of damage, not the funds, and how to maintain that? We also discussed the nature of the relationship between traditional liability and social responsibility, on which compensation funds are based, and we presented the nature of each liability in terms of the origin of each of them, as well as In terms of elements, size of compensation, legal basis and nature of procedures.