How is moral damage proven and its value determined?
Disclaimer
This is a legal article that provides general information that does not replace consulting a competent lawyer to help you and for more accurate information.
The Saudi regulator has recognized the injured party’s right to compensation for moral damage, and has regulated how to prove it and estimate its value in accordance with the provisions of the Civil Transactions Law, the Evidence Law, and relevant regulations. The following is an explanation of this:
First: The scope of moral damage that requires compensation
According to Article 138 of the Civil Transactions Law, moral damage includes any sensory or psychological harm caused to a natural person as a result of harming:
- His body.
- His freedom.
- Show it.
- I heard it.
- His social center.
How is moral damage proven and its value determined?
Second: Methods of proving moral damage
The occurrence of the harmful act and the harm resulting from it shall be proven before the competent court using the methods of proof established by Sharia and the system. According to the provisions of the Evidence System, the injured party can prove moral damage by:
- Witness testimony: The regulations governing Article Sixty-Five of the Evidence System stipulate that all material facts may be proven by testimony, including a harmful act.
- Writing, acknowledgment, and evidence: It is possible to rely on the judicial acknowledgment of the perpetrator, or the principle of proof in writing supported by another method of proof, or any evidence proving the occurrence of the assault that caused material or psychological harm.
- Electronic evidence: Courts also accept electronic data, correspondence, and recordings as evidence to confirm the occurrence of infringement resulting in moral damage.
Third: The mechanism for determining the value of compensation for moral damage
The value of compensation for moral damage is not determined in advance by a fixed amount, but is left to the discretion of the court. In determining the value of compensation, the court shall take into account the following criteria in accordance with Article 138 of the Civil Transactions Law:
- Type of moral damage.
- The nature of moral damage.
- The person affected.
In addition, the courts (as stipulated in Article 164 of the Executive Regulations of the Commercial Courts System) are guided by the following criteria when estimating compensation:
- The severity of the damage.
- The amount of the amount awarded.
- Procrastination of the convict.
- Custom, or established habit.
- Expert opinion (where applicable).
Important note: The right to claim compensation for moral damage does not transfer to a third party (such as heirs) unless its value is determined by a statutory text, agreement, or judicial ruling.
How is moral damage proven and its value determined?
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