SCIENTIFIC VIEWS ON THE CIVIL-LEGAL NATURE OF COMPENSATION

Abstract

The article analyzes the theoretical views on the civil law nature of the institution of compensation. The purpose of the research is to reveal the historical genesis of the concept of compensation, its place and significance in modern civil law, as well as a comparative analysis of various scientific approaches. Using the methods of comparative legal analysis, theoretical research, and the study of legal acts, the author examined three main approaches to the legal nature of compensation: as a means of terminating obligations, a mechanism for compensation for damages, and a form of civil liability. The article examines the specific features and legal nature of compensation in the field of material damage, moral damage, and intellectual property. The causes of theoretical disputes –terminological ambiguity, functional versatility, differences in methodological approaches, interdisciplinary nature, and historical relativism – are examined in detail. International experience, including the legislation and judicial practice of the USA, the European Union, Russia, and Kazakhstan, has been analyzed. The results of the study show that the institution of compensation should be recognized as a universal instrument of civil law. The author made practical proposals for bringing national legislation into line with international standards, developing unified criteria for determining the amount of compensation, and summarizing judicial practice.