نوع مقاله : پژوهشی
1 دانشجوی دکتری حقوق خصوصی، دانشکدۀ ادبیات و علوم انسانی، دانشگاه ارومیه، ارومیه، ایران
2 استادیار گروه فقه و حقوق اسلامی، دانشکدۀ ادبیات و علوم انسانی، دانشگاه ارومیه، ارومیه، ایران
عنوان مقاله [English]
One way of mental damage compensation is apology. Apology plays an important role in healing mental and emotional pain of victims and has a detrimental effect on their relationship with the wrongdoer. This has been the subject of legislative attention in the Iranian law and in case of mental damage article 10 of the Civil Liability Act gives the court the authority to force the wrongdoer to apologize for the loss. However, apology has not yet been defined and its terms has not considered in the country’s laws. Other countries such as Canada and the US are the leading countries in this case and have used the apology as a tool to relieve mental pains. A lot of research has been done for defining and explaining the term “apology” till now. In this research we’ll study the notion and terms of apology and its role in mental damage compensation of the victim and its effects on wrongdoer behavior and also the process of apology in the court. In conclusion, on one hand, the Iranian legislator must define the apology and on the other hand, the role of judicial procedure must be emphasized so that apology will become one of the methods of spiritual compensation if necessary.