Mülki hüquqda kompensasiya institutu: anlayışı, mahiyyəti, konstitusion-hüquqi təhlili və kompensasiya öhdəliyinin yaranması şərtləri

Law, being a regulator of relations arising in public life and a defender of people's interests, fulfils a number of functions. Persons who have caused harm to another person as a result of an action (inaction) not authorised by a rule of law are obliged to compensate for this harm. In this article, the author investigated the concept of compensation in civil law, explained its meaning and essence, and conducted a constitutional-legal analysis. The author has shown the functions of the concept of compensation and analysed them. At the same time, the author treats the conditions for the emergence of a compensatory obligation in a general way. The author stated that there are 3 absolute conditions for the creation of a compensatory obligation. At this time, the author did not limit himself to referring to statutory provisions, he also analysed doctrinal literature. In conclusion, the author drew some results on the topic and put forward a number of proposals for legislative changes. The author also touched upon the issues of non-pecuniary damage and its calculation when he put forward his amendment proposals related to Article 21 of the Civil Code of the Republic of Azerbaijan. Keywords: compensation, harm, damage, debt, terms of compensation, moral damage, contract, legislation, causal link, constitutional-legal analysis.