Compensation for Loss of Opportunity in Marriage and Divorce Matters: A Comparative Study

Volume 12 , Issue 2 , December 24 , Pages 95-135

Authors

Khawla Hamza Hussien 1 ; Awat Kamal Hamadamin 2

1 Erbil Polytechnic University- Erbil Technical Administrative Institute - Department of Legal Administration

2 Koya University - Faculty of Humanities and Social Sciences - Department of Law

DOI logo 10.17656/jlps.10264

Keywords

Abstract

The concept of missed opportunities in marriage and separation issues is more apparent than in other matters because its effects extend beyond personal relationships within the family. This includes missing the chance to form a family and have children in the future. There is a jurisprudential and judicial debate regarding compensation for the damage resulting from missed opportunities due to the potential for such opportunities to occur in the future. However, the damage caused by missing opportunities in personal status matters warrants compensation under general legal conditions because the deprivation or loss of such opportunities constitutes real and present harm. This is true even if the potential benefit for the injured party is uncertain. Since missing these opportunities can lead to both material and moral damages, a legal framework is needed to guide judges in awarding compensation for such losses. This framework should include the legal basis for compensation and methods for estimating it, based on the general principles of civil liability in civil law, to protect the rights of the injured party. In this study, we aim to explore the forms of missed opportunities in personal status issues and highlight the legislative shortcomings and gaps related to this topic. We will also examine how to compensate for the resulting damage under the Civil Code and the Personal Status Law, comparing these with the laws of other countries. Furthermore, we will present proposals for legal texts to the Iraqi and Kurdish legislators to address these legal gaps and deficiencies, along with an analysis of relevant judicial decisions.

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  • First online15 December 24
  • Published at15 December 24

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