The Compensation for the Delay in the Execution of the Debtor's Obligation: Comparative Study

his study aims at investigating the Compensation for Delay in the Execution of Debtor's Obligation represents one of the compensation kinds in the contracting responsibilities. The study of the compensation has two folds , the former is according to the comparative civil law; the later is according the recent Islamic jurisprudence (Feqeh). In the first fold, the compensation according to comparative civil law is divided into two parts ; the first one is the compensation for delay in the execution of debtor's obligation in general despite of the kind of the obligation which could be not doing or providing something ; the second part is the compensation presented by paying amount of money which is the legal or delay interest which has some kind of relation with the recent Islamic Feqeh entitled procrastinator debtor judgments. So, the study concentrates on the second one which is about the compensation presented by paying amount of money when the debtor deletes his contracting appointment of the payment.The study including two sections , sub-sections and conclusion ; the first one deals with the conception of the compensation connotatively and denotatively , the conditions for its validity according to the contracting responsibility like harmness, fault, reasonable relationship and excuses.Also it deals with agreement, legal and judgment compensation as kinds of the term. Playability cases of compensation represented by execution of debtor's obligation , false execution or delay along with the legal position of the condition of the compensation are discussed in the first sub-section of the first section . The vision of the Islamic Feqeh about this kind of compensation, supporter or opposer to this subject and the disagreement of the civil Arabic comparative laws were discussed in the second sub-section of the study. Also, the three trends of law discussed the subject which are laws that denied taking compensation and the resulted interest , laws that takes the two kinds compensation and interest together and those that take the compensation but denies the interest. These mentioned trends included in Jordanian, Egyptian, Lebanese , Yamane, Kuwaiti, Emirates and Palestinian civil law are discussed in the second sub-section. The second section investigates the conditions ,laws and the amount of the compensation as a result of delay which are contracting, legal and judgmental .These concepts are included in the first sub-section . However, the distinguishing of the compensation from the other similar legal systems which are threating fine , loan interest and contracting compensation are discussed in the second sub-section of section two. The conclusion contains the researcher's results and recommendations of the study.