The evolution of the compensation system from a debt on the responsible to a right to the injured

Abstract

The Algerian legislature discussed the provisions of compensation through two different systems, civil liability and compensation in private legislation, and compensation in civil law is always a creditor relationship between the injured and the responsible, and if the victim wants to obtain compensation, a judicial lawsuit must be brought before the competent court. The judge has absolute discretion in assessing compensation, including all damages of any nature in respect of the principle of full compensation for damages, whereas compensation in private legislation is a right of the injured, there is no direct or indirect relationship between the victim and the responsible, and the new relationship has become harmful, the insurance company or the guarantee funds. The debtor is considered as guarantor and not liable for the damage, and compensation is therefore punitive and does not cover all the damages