The Legal Basis for Civil Liability for Lost Opportunity for Moral Gains (Lost Opportunity for Marriage as a Case Study)

Abstract

    The phenomenon of "Loss of Marriage Opportunity" has recently become prevalent, whether caused by one of the parties to a contractual relationship or by a third party. Undoubtedly, the loss of opportunity and its resulting damages constitute a fertile ground for applying the rules of civil liability, whether contractual or tortious. However, the complexity lies in establishing a solid legal basis for civil liability claims arising from the loss of a non-pecuniary (moral) gain.

    This study addresses the legal foundations of civil liability for the loss of non-pecuniary gain, noting that this basis varies depending on the circumstances. Liability may be predicated on "Fault" (whether through a positive act or a negative omission). In certain cases, where the source of damage is anonymous, "Damage" itself should suffice as the sole basis for liability to ensure the necessary protection for the aggrieved party within the civil protection framework. In writing this study, we will follow the analytical approach as well as the comparative approach, by stating and analyzing the opinions of jurists and legal texts related to the subject of the study, within the framework of a comparative study between the position of the Iraqi and Egyptian legislator and other laws, and comparing them with Islamic jurisprudence, as far as possible.

    The study is divided into two main chapters: the first examines Fault as a basis for civil liability regarding the loss of non-pecuniary gain, while the second focuses on Damage as the primary legal foundation. The research concludes with a set of findings and recommendations.