A Juridical and Legal Survey on Redressing Moral Detriment in Accusation

Subject Areas : Private law

fatemeh sadat hosseini ¹ , Mahmoud Ghayoumzadeh ² , Mahmoud Ghayoumzadeh ³ , Mohammadreza Rahbarpour ⁴

1 - واحد ساوه
2 - واحد ساوه
3 - واحد ساوه
4 - دانشگاه تهران

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Detriment, Redressing moral detriment, Formula “no detriment”, Jurisconsult opinions, Accusation,

Abstract :

In Jurisprudence there are sound approaches about redressing detriment. So the rule that used in Jurisprudence for proofing secondary commandments is based on personal and typical expedient. An instance of these moral detriments is “accusation” or charge of wrongdoing which its adduction is abeyant to demanding of it. According to intent of “no detriment” formula, any kind of sentences that caused detriment is forbidden. So legislative scrutiny primarily, in the step of fixity of responsibility is a factor of redressing detriment for whom accused and redressing and assurance of it in the step of affirmation that conciliation for redressing financially which is not opposed to religion and society expedient is lead to relief and appeasement for wronged one. In this paper, we try to along with introducing principles pay attention to how to use that in the legal events, explanation of this subject, and reviewing and analyzing necessity of making penal law in such cases.