Critical analysis of the blood money based on rational arrangement of methods of compensation

Abstract

To compensate the financial damages three methods are conceivable based on rational arrangement: restoring the former state, delivery of the something identical, payment of price. Since the first and second remedies are not possible as to bodily injuries, the civil liability law passed in 1339 adopted the third method and delegated assessment of damages to the courts. Nowadays the same solution was accepted in the penal code passed in 1392 under the blood money. according to the aforementioned rational arrangement and that blood money is a confirmatory law and a way for compensation and does not matter by itself and with regard to advances in medical sciences resulting to the possibility of compensation for bodily injuries through restoring the former state or delivery of the something identical, today it is better to binding the agent of loss to returning the injured person to the Nearest situation before the injury by treatments or artificial body organs. according to this, it is necessary to compensate the costs of treatment In addition to blood money and of course it is impossible to claiming both of the blood money and treatment. Key words:

Keywords

• bodily injury
• blood money
• rational arrangement of compensation
• medical expenses
• losses in excess of blood money