التعويض عن الضرر الادبي في التشريع الجزائري

Abstract

Our study focuses on moral harm, from which the right to claim compensation arises. Those entitled to this compensation and its transfer are defined, as well as the judge's discretion in determining the type and extent of harm. Algerian legislation has codified compensation provisions under civil liability in Articles 124 to 133, and 182 to 187 of the Algerian Civil Code, drawing from French regulations and reflecting the idea that the function of compensation is to remedy and repair harm suffered by the victim. Originally, the judge has the freedom to determine compensation without constraint on their assessment.