Scope of compensation for moral damage in contractual liability according to the provisions of jordanian law

Abstract

Objective: This article examines the concept of moral damage within the context of Jordanian contractual liability, focusing on the legal frameworks governing compensation for non-material harm. It aims to analyze how Jordanian law addresses moral damage, particularly in cases involving fraud or gross negligence, and explores potential legislative reforms to broaden the scope of compensability.

Methodology: The study employs a qualitative, descriptive, and analytical approach, examining Jordanian legal texts, judicial rulings, and comparative insights from foreign legal systems such as France and Germany. It investigates the limited recognition of moral damage in Jordanian courts and identifies key areas for reform, particularly concerning Article 363 of the Jordanian Civil Code.

Results: The findings reveal that Jordanian law compensates moral damage only in specific cases of gross negligence or fraud, limiting the protection available to injured parties. The study highlights the need for legislative amendments to broaden the compensability of moral damage in contractual liability cases.

Conclusions: This research proposes reforms to Jordanian legislation to better address moral damage in contractual liability, aligning the legal framework with international standards to provide more comprehensive protection for non-material harm.