MORAL DAMAGE AND THE JURIDICAL PERSON- AN ANALYTICAL CRITICAL READING OF THE JUDGEMENT OF THE EGYPTIAN COURT OF CASSATION -THE CIVIL & COMMERCIAL CHAMBER, 22/1/2018

This paper is an analytical critical reading of the judgement of the Civil & Commercial chamber of the Egyptian Court of Cassation issued on 01/22/2018, in which it concludes that moral damage is not conceivable unless it strikes a physical person. According to the Court, a Juridical person is immune from such damage. Therefore, the latter cannot be compensated for moral damage unless this damage is coupled with material damage, so that the compensation in this case remains a compensation for material damage.By its decision, the Court adopts a narrow concept of moral damage, which contradicts the provisions of the Egyptian Civil law that requires compensation for moral damage without distinction between a juridical and a physical person. Moreover, the Court’s decision contradicts modern doctrine and comparative jurisprudence regarding the concept of moral damage, especially the French jurisprudence and the decisions of the European Court of human rights.This paper concludes, that recognizing the susceptibility of a juridical person to suffer moral damage and its susceptibility to acquire the right to compensation for this damage, is a necessity required by the correct implementation of the law and the preservation of the interests of society in view of the importance of juridical persons, whether on the economic or social level