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Uluslararası Sosyal Araştırmalar Dergisi / Thé Journal of International Social Research became a member of Cross Reff since 2014 and started to assign DOI numbers to the articles. Bu Dergi DOI ve Crosscheck üyesidir


Abstract


IN THE COMPARATIVE LAW THE COMPENSATION OF THE ANIMAL DAMAGES
Abstract: In ancient Roman, ancient Iranian, ancient/antique Greek, Israel-Jewish and medieval European legal systems; cases were brought against the animals because of the damages (harms=losses) they caused and they were tried. Even lawyers were assigned to defend animals in the courts. The animals, whose crime and injustice were proved, were punished with heavy sanctions. In some cases, even animal owners were punished physically (corporal punishment). Finally, Islamic law and modern law abolished the anti-humanist and inhuman practice that punished the damaging animal. However, in some cases, animal owners are held liable for the direct or indirect harms caused by the animals unlawfully. But, this responsibility is a fiscal/financial and economic/economical responsibility which is totally limited to the assets of the animal owner. In other words, as the animal itself is not punished for the damage caused by the animal, the responsibility of the animal owner is limited to the compensation of the damage caused. Article topic is important. Because we are witnessing many damages caused by owned animals in social life. In this context, the scope of the concept of animal under the title of “In the Comparatıve Law the Compensatıon of the Anımal Damages”, the terms of the responsibility, compensation for damage, calculation of loss, the form of compensation, damage to property, damage to the interests, moral damage, the burden of proof and the right of recourse will be emphasized.

Keywords
Keywords: Comparative Law, Animal, Animal Owner, Animal Management, Responsibility, Damage/Loss, Com



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