Legal analysis of the nature of spiritual damage and the ways of compensating of it in the light of the jurisprudence

Subject Areas :

hamed rostami najafabadi ¹ , mehdi naser ²

1 - Assistant Professor of jurisprudence and law of Imamieh University of Islamic Religions of Tehran
2 - Master's degree in Private Law, University of Justice and Administrative Services

Received: 2018-07-09 Accepted : 2019-04-18 Published : 2018-11-22

Keywords: jurisprudence, Spiritual Damage, compensation, losses, Non-material Phenomena,

Abstract :

In the present era, with the development of the technology and the expansion of facilities, the occurrence of damage and, consequently, the creation of harm is inevitable. But the loss of belonging is usually property or material phenomena, but it must be acknowledged that in certain cases it may not be the loss of material and tangible things, but the dignity , honor, or emotions and feelings can also be considered to be a disadvantage. Most of the lawsuits bringing to the courts involve a claim for damages and losses beyond legal fees, such as the cost of treatment, disability, and spiritual damage disputes. Because in the current world, on one hand, the financial consequences of this kind of damage are much heavier than in the past, and in most legal systems of the contemporary world, the injured is responsible and guarantor for the compensation of all the damages caused by this injury. In the legal system of Iran, despite the fact that there are stigmatizations of spiritual damages in different codes, many courts still in practice refuse to issue the compensation for spiritual damages.In this article, while investigating the concept of spiritual damages, we will see how these losses are compensated for, and, in the end, why the courts have doubts about the issue of compensation for damages, and there will be some suggestions for making these courts removed of the doubt.