A COMPARATIVE STUDY ON THE WAYS OF COMPENSATION IN NON-CONTRACTUAL CIVIL LIABILITY

Ways of compensation in civil liability، which are the ways taken by the aggressor to execute his obligations، are determined based on civil liability purposes. These purposes include: perfect compensation، consent of the aggrieved party، and restoration of his previous status (restitution in integrum). Given that the originality of these purposes is different in legal systems، the ways to provide them are not the same. These ways are generally as follows: restitution in kind or restoration of the previous status، which is represented in different forms، and equivalent compensation، which has two forms: non-pecuniary compensation (giving the substitute) and pecuniary compensation (paying money). Although the general principles of these ways are more or less the same in different systems، the quality of their utilizations and preferences is different in legal systems. The two main ways of compensation are not along with each other، so that each party can freely choose one. But the transposition between them is not related to the public orders، so both parties can compromise the contrary، or the courts will take appropriate way.