A Comparative Study of Compensation Methods for Moral Damages in the Legal System of Iran and England

Document Type : Original Article

Authors
Aref Rashnudi 1
Yusuf Ahmadi 2
1 Ph.D. in criminal law and criminology, Islamic Azad University, Tehran Science and Research Unit, Tehran, Iran
2 Judge of Justice, Senior Expert in Private Law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran (Corresponding Author)
10.22034/lc.2023.394373.1334
Abstract
One of the basic challenges in the legal systems of the world, including written, customary and Islamic legal systems, how to compensate moral damages. The most important challenge in the field of moral damage compensation is the method of compensation. In other words, due to the non-financial nature of the moral damage, there is no optimal and consensus method to compensate the damage. In this regard, Iran's legal system is not exempt and faces many challenges. Therefore, with the comparative demand of Iran's legal system with England, methods of compensation have been investigated and the achievements of this research include clarifying the situation; acceptance of compensation for moral damages in the legal system of Iran and England, Material and non-material methods of compensation for moral losses, The quality of moral damage compensation in the Iranian legal system is compared to the English legal system.
Keywords
Methods of Compensation
Moral Damage
Immaterial Methods
Material Methods
Legal System of Iran and England

Subjects