Document Type : Research/Original/Regular Article
Authors
1 Assistant Professor, Department of Private and Islamic Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
2 Assistant Professor, Department of Law, Refah Non-Profit College, Tehran, Iran
Abstract
Moral loss is a kind of harm which damages the person,s non-financial right. At first, there was doubt about the possibility of compensation for this type of loss. For example, in the USA legal system, they did not pay enough attention to victim,s moral losses as they do for financial losses. It was argued that moral damages are not visible and so we don’t know the real loss and we should trust just to the victim. In addition, the lack of a structured method of compensation and assessment, makes this kind of loss, secondary damages. How ever, especially, using the psychology Science, courts gradually began to accept moral damages.
In Iran, Also there was doubt about moral damages. But today Due to the criminal procedure code which approved in 1392, the compensation for moral damages is acceptable. But what is still vague, is the method. How ever, it seems using some methods like apologize or financial compensation are more practical.
Ofcourse in each case this is the judge who should recognize which approach is better and proportional to the plaintiff and his personal loss. In this article we try to study the methods of moral compensation in Iran legal system, and we will use the American studies about this subject and also the cases which raised in Iran judicial procedure.
Keywords
- Moral Damages&rdquo
- Apologize&rdquo
- Financial Compensation&rdquo
- American Legal system&rdquo
- &ldquo
- Iranian legal system&rdquo
Main Subjects
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