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Volume 6, Issue 2 (7-2024)
Int. J. Ethics Soc 2024, 6(2): 31-40 |
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Eshaghi M, Rostami Najafabadi H, Jalilian H. A Comparative Study of Compensation for Moral Damages in the Legal System of Iran and England. Int. J. Ethics Soc 2024; 6 (2) :31-40
URL: http://ijethics.com/article-1-291-en.html
URL: http://ijethics.com/article-1-291-en.html
1- Department of Jurisprudence, Faculty of Theology, University of Tehran, Tehran, Iran
2- Department of Jurisprudence and Imami law, Faculty of Jurisprudence and Islamic Law, International University of Islamic Denominations, Tehran, Iran
3- Ph.D. Student in Jurisprudence and Principles of Islamic Law, Alborz Campus, University of Tehran, Tehran, Iran ,hojjatjalilian21@gmail.com
2- Department of Jurisprudence and Imami law, Faculty of Jurisprudence and Islamic Law, International University of Islamic Denominations, Tehran, Iran
3- Ph.D. Student in Jurisprudence and Principles of Islamic Law, Alborz Campus, University of Tehran, Tehran, Iran ,
Abstract: (320 Views)
Introduction: The expansion of moral principles has been one of the necessities of human society throughout history. Also, the most important point that should be addressed in the discussion of moral damages is the definition of moral damages. Moral damage is one of the most challenging legal issues in the legal system of different countries. Therefore, in the present study, the researchers decided to compare the compensation for moral damages in the legal systems of Iran and England.
Materials and Methods: The research was a review method, in order to achieve the goal of the research, in addition to electronic education books and virtual education in this field, articles related to the research keywords from 2004 to 2022 from the databases of Civilica, Magiran, Sid, Researchgate, Science direct, was reviewed.
Conclusion: In the legal system of England, as in Iran, the "theory of fault" is the main basis of civil responsibility. Investigations indicate that in Iran, based on various laws such as the "Constitutional Law", "Criminal Procedure Law", "Civil Liability Law" and some other scattered laws, compensation for moral damages is mentioned, but it has many problems. While in countries like England, issues such as one-sided or two-sidedness of the damage, insurance coverage, social credit, job and financial resources of both parties to the damage, and reduced life expectancy are taken into consideration in issuing moral damages compensation orders. It seems that people's awareness of their rights in this field, the insurance coverage of moral damages and the compilation of the compensation table in frequent cases will help to follow up and issue judgments in these types of cases.
Materials and Methods: The research was a review method, in order to achieve the goal of the research, in addition to electronic education books and virtual education in this field, articles related to the research keywords from 2004 to 2022 from the databases of Civilica, Magiran, Sid, Researchgate, Science direct, was reviewed.
Conclusion: In the legal system of England, as in Iran, the "theory of fault" is the main basis of civil responsibility. Investigations indicate that in Iran, based on various laws such as the "Constitutional Law", "Criminal Procedure Law", "Civil Liability Law" and some other scattered laws, compensation for moral damages is mentioned, but it has many problems. While in countries like England, issues such as one-sided or two-sidedness of the damage, insurance coverage, social credit, job and financial resources of both parties to the damage, and reduced life expectancy are taken into consideration in issuing moral damages compensation orders. It seems that people's awareness of their rights in this field, the insurance coverage of moral damages and the compilation of the compensation table in frequent cases will help to follow up and issue judgments in these types of cases.
Type of Study: Research |
Subject:
Special
Received: 2023/11/10 | Accepted: 2023/12/17 | Published: 2024/07/26
Received: 2023/11/10 | Accepted: 2023/12/17 | Published: 2024/07/26
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