Moral compensation for road traffic accidents victims in Algeria: A comparative study with Egyptian and Jordanian Law

Abstract

The issue of compensation for moral damages for road accidents victims is considered one of the delicate matters within the scope of civil liability, given its connection to non-material interests that affect human dignity, sentiments, and feelings. Although the Algerian legislator has dedicated clear and independent provisions to regulate this type of damage, while referring to the established principles of compensation within the general rules of tort liability outlined in Article 124 and subsequent articles of the Civil Code, analysis has shown that Law 88-31 often tends to restrict the awarding of moral compensation. This is evident both in terms of limiting the beneficiaries—where it is confined to the rightful claimants of the victim in case of death—and in terms of assessing its value, especially when compared to comparative legislation such as Jordanian and Egyptian law, which adopt more flexible and humane approaches. The study concluded that legislative amendments are necessary to establish objective criteria for assessing moral compensation and to expand the range of its beneficiaries. This would achieve a balance between the aggrieved party and the party causing the harm, and would enshrine the principle of justice and the protection of human dignity in the Algerian legal system.