Investigating the compensation of emotional damages to a person as a result of causing physical harm to relatives

Subject Areas : International Legal Research

babak peyman ¹ , mehdi zare ² , babak khosravinia ³

1 - PhD Student in Private Law, Department of Law, Larestan Branch, Islamic Azad University, Larestan, Iran
2 - Assistant Professor, Department of Law, Larestan Branch, Islamic Azad University, Larestan, Iran(Author)
3 - Assistant Professor, Department of Law, Central Larestan Branch, Islamic Azad University, Larestan, Iran

Received: 2021-12-13 Accepted : 2022-02-28 Published : 2021-11-22

Keywords: compensation, Moral damage, psychological damage, damage to a third party,

Abstract :

Background and Aim: In the recent past, it was believed that the legal system, unlike physical damages, could not measure mental suffering or internal anxiety, and therefore such damages could not be compensated. Courts were reluctant to issue compensation in cases that resulted in emotional harm without causing physical harm. In modern times, this belief has changed fundamentally, and psychological damage is the same as real physical damage and can be caused by physical actions. Of course, this does not mean that the law accepts any moral damages and orders compensation.Method: The present study was conducted by descriptive-analytical method.Findings and Results: One of the cases to consider is when a person suffers from psychological injuries, but this injury is not due to physical injuries, but as a result of seeing or hearing the news of injuries to another person suffers psychological damage. The material presented in this article concludes that in fact a person who suffers from abnormal sad reactions due to the loss of a loved one is entitled to compensation from the reader whose carelessness was the direct cause of such complications.