Dr. Sami Al H. Al Enezi & Dr. Abdulkareem R. Al Enezi
Assistant Professors of Civil Law
Law Department, College of Business Studies
PAAET, State of Kuwait

Abstract:

This study sheds light on the subject of moral damage and its suitability for legal personality, and the importance of this subject lies in the absence of an explicit text governing this issue in Egyptian law, in addition to the scarcity of specialized legal studies on it, in addition to the position of the Egyptian Court of Cassation – in its entirety – rejecting recognition that legal persons fall victim to this harm. We have preferred to follow in this research the comparative descriptive approach in order to extrapolate the position of the legislator and jurisprudence in France and Egypt on the issue of the appropriateness of moral harm to legal persons, as well as to identify the trends of the French and Egyptian judiciary regarding the issue under study.
We thought that we should address this subject in two sections: the first, in which we reviewed the position of French and Egyptian jurisprudence regarding the suitability of moral damage to a legal person. Then we moved to the second topic, in which we reviewed the trends of the French and Egyptian judiciary regarding the suitability of moral damage to a legal person. While we devoted the second requirement to the study of judicial rulings that support the possibility of a legal person being subjected to moral damage. We ended the research with a conclusion in which we summarized the most important results and observations that we reached through the subject of the study, and the most important recommendations that we propose regarding the issues and ideas that we dealt with in this study.

Key words: moral damage, material damage, legal person, natural person, compensation, civil liability.

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