LEGAL RESTRICTIONS ON THE JUDGE'S AUTHORITY TO ASSESS COMPENSATION FOR THE SUPPOSED DAMAGE IN CIVIL LIABILITY

Abstract

Objective: This study aims to define the legal limitations on a judge's authority to estimate damages compensation. It explores instances where the judge's discretionary power is constrained and cases where individuals determine compensation. The objective is to demonstrate that justice requires the judge to reduce compensation in certain circumstances, indicating the judge's discretion is not absolute. Theoretical framework: Judges possess the authority to estimate compensation in the absence of specific legal provisions or agreements, but their freedom is restricted when there is an agreement or legal text. This principle emphasizes that judges cannot exercise their will and authority without considering these limitations. Method: The research utilizes a qualitative methodology involving legal analysis and examination of relevant legal texts and precedents. It examines cases where the judge's authority to estimate compensation is limited and analyzes the underlying principles of justice. Results and conclusion: Judges have the power to estimate compensation, but their freedom is constrained in the presence of an agreement or legal text. This principle emphasizes the need for judges to consider these limitations when exercising their discretion. Implications of the research: The findings have implications for legal practice, emphasizing the importance of judges being aware of the limitations on their authority in estimating compensation. It underscores the significance of fairness and justice in determining compensation in legal proceedings. Originality/value: This research examines the legal restrictions on a judge's authority to estimate compensation, providing valuable insights into proper compensation estimation and guiding judges to ensure fairness in their decisions.