English abstract
Compensation for variable material damage is one of the most
important issues in the civil law and before the Omani courts.
The Omani civil legislation has established the legal rules of
compensation for damage; however, when it comes to variable material damage,
some aspects of its special nature should be taken into account. Attention must
be paid to the legal rule that makes the assessment of compensation related to
the time of the damage, as this violates the principle of fair compensation. So
when assessing compensation for variable damage, consideration should not
only be given to the time when the damage occurs, due to the change in the
amount of the damage or its value.
Hence, since the task of assessing compensation is assigned to the trial
judge, they must be aware of the elements of variable damage, and correctly
determine the circumstances involved in order to achieve fair compensation for
both the injured party and the responsible party and to establish balance
between them, because the assessment of compensation based only on the time
of damage may violate the rule of fair compensation
The main concern herein is for the injured party to obtain their
compensation for the actual damage incurred without increasing or decreasing
according to the rule of fair compensation so the balance between both parties
is achieved.
Based on this issue, the study aims at reaching a rule that achieves a balance
between the injured party and the responsible party when considering the claim
for compensation for variable material damage and its proper appraisal.
