List of Articles Damage Compensation

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  1 - Legal Criteria for Wildlife Insurance and Damage Compensation
  medrik pirsaheb Mansour Pournouri shirin shirazian Daryoush Karimi
  10.22034/jest.2019.45796.4759
  The protection of wildlife has a special place, as in the domestic laws, various solutions have been considered, including the option of fines for the violator and the cause of damage, but as a deterrent, it has not been able to act effectively. The human factor does no More

  The protection of wildlife has a special place, as in the domestic laws, various solutions have been considered, including the option of fines for the violator and the cause of damage, but as a deterrent, it has not been able to act effectively. The human factor does not always lead to the loss or destruction of animal species and harming the wildlife, but natural factors can also lead to disease or accidents for the wildlife according to the climatic conditions of the place. Therefore, it is necessary to investigate, adjust and adjust the ways to reduce the conflicts between people and wildlife, and by allocating appropriate funds, the field for the restoration of wildlife habitats should be provided in order to prevent further destruction of wildlife and support endangered species. One of the ways to control risk is to transfer it to insurance institutions, and these risks should be in line with insurance laws and regulations, and in other words, they should be insurable. The vastness of the field of wildlife and the costs of its maintenance and protection require the support of the government as the guardian of wildlife protection and supervisor of the insurance industry. The loss of a species covered by insurance, like any other insurance coverage, can be supported by the insurance company, although in the insurance industry due to the challenges of wildlife risk assessment and the wildlife guardian organization due to the lack of financial resources, so far this issue has not been addressed. It has not been addressed seriously, and it may be due to the lack of sufficient knowledge in this field, or due to a correct assessment of the risk of losses of this type of insurance coverage. Currently, addressing this issue is an unavoidable necessity, and the trustees of the life insurance industry The country's wildlife should take the necessary care in this field.   Manuscript profile
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  2 - Spiritual Damage Compensation in jurisprudence and law of Iran
  saideh mahmoodi ahmad moradkhani
  The general purpose of the law is creating order and establishing justice, although human being have two dimensions, physical and Spiritual, but civil law discuss physical dimension and try to achieve great purposes such as keeping an order, establishing justice, and pr More

  The general purpose of the law is creating order and establishing justice, although human being have two dimensions, physical and Spiritual, but civil law discuss physical dimension and try to achieve great purposes such as keeping an order, establishing justice, and protection from individuals and social rights and hostility abatement by emphasizing this aspect. In Islamic legal order, social matters should supply in a way which to feasible sensual perfection acquiring and Spiritual degrees upgrading, so Spiritual loss compensation legitimating should register by financial and non-financial ways. As law should keep movable and immovable properties of people from aggression and invasion so it is necessary to predict obligatory rules to keep prestige, non-financial credits and facilities of people from insults, accusation, intrigue and aggressions . Despite suitable fields in world legal texts, there is no possibility of comprehensive Spiritual damage compensation and the majors prevent from issuing action about wanted Spiritual damage claim though current legal texts are obvious and administration of justice of many damaged persons who tolerated irretrievable harms in Spiritual law area is provided. Also there are some rules in perspicuous jurisprudence of Islam that emphasize on Spiritual damage compensation. Manuscript profile
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  3 - Compensation of all damages conducted to people is the evident juridical and legal principles including physical damages on people so that it could be compensated .However, there is different points of view especially way of physical damage compensation.
  gader AHMADI ahmad moradkhani alireza asgari ohammadmahdi ahmadi
  Compensation of all damages conducted to people is the evident juridical and legal principles including physical damages on people so that it could be compensated .However, there is different points of view especially way of physical damage compensation.Some jurists onl More

  Compensation of all damages conducted to people is the evident juridical and legal principles including physical damages on people so that it could be compensated .However, there is different points of view especially way of physical damage compensation.Some jurists only consider way of physical damage compensation through civil regulation responsibility.On the other hand, Imamyeh jurists and some lawyers accept way of physical damage compensation through blood money institution. Approving laws accept physical damage compensation after Islamic revolution through blood money institution.However, in some cases physical damages conducted on people stay without preparation and compensation due to treatment expenses that it led to citisize some injuries from one point and on the other hand groups of lawyers about the wayvof physical damage compensation and mere consideration to blood money institution and finally lack of juridical answer caused problems.Whereas there should be no damage without any prepation and compensation remain based on juridical and lawful evident regulation. Therefore, it should be considered new law and appropriate to requests and requirements of society and adaptable to common law accepted to tradition both blood money institution acted and it should not allow any damage to remain without preparation. Manuscript profile
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  4 - Diya for Women and the Legal Policy of Iran: From Commitment to the Principles of Islamic Jurisprudence (fiqh) to Human Rights Standards
  Ghader Ahmadi Ahmad Moradkhani Sayyad Mohammad Mahdi Ahmadi Aliraza Asghari
  10.22034/ijrj.2020.671692
  The obligation to compensate for the damages incurred on individuals is regarded as one of the most important principles of Fiqh and Law, and the bodily harms to women are included among compensable bodily damages. In case of harm, a financial compensation known as Diya More

  The obligation to compensate for the damages incurred on individuals is regarded as one of the most important principles of Fiqh and Law, and the bodily harms to women are included among compensable bodily damages. In case of harm, a financial compensation known as Diya is paid to the injured person, while in the pre-revolutionary laws of Iran, no reference was made to such financial compensations for damage.  But with the victory of Islamic revolution and adopting of the Constitutional Law, an appropriate ground was developed for the judicial system of Iran to be adapted with Islamic legal principles as well as with the Shi'a Twelver doctrine. With the enactment of the Diyat Law, the amount of Diya for women was reduced to half the amount of Diya for men, in some cases. Due to the perception that exist about Islam enjoying a perfect legal system and assigning a fundamental role to women as well as the international adverse publicity of the ongoing law, the Legislature proceeded to resolve the problem of inequity of Diya for women and men re-codifying the Islamic Penal Code, enacted 2013, in order to disregard the gender for damage compensation and to observe the international norms. The legislators introduced the law that the government has to pay the balance of inequity of Diya for women. Manuscript profile
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  5 - Methods of compensation for spiritual damage caused by medical damage
  Atfeh Niknejad alireza mazloom rahnie
  Civil liability and compensation for moral damages are important issues that have always been considered by lawyers. Compensation for damages of a damaged person is an important principle which a legislator should paid special attention. The issue of beauty defects is o More

  Civil liability and compensation for moral damages are important issues that have always been considered by lawyers. Compensation for damages of a damaged person is an important principle which a legislator should paid special attention. The issue of beauty defects is one of the important and common examples of moral damage in today's society. This means a person loses his/her appearance and beauty for various reasons, and this causes psychological damage and isolation. However, the difference in compensation for spiritual damage and the difficulty of its assessment causes inadequacies. To undertake this line of research, methods of compensation for moral damages have been addressed using the descriptive-analytical method. As a result, among the methods presented for compensation of the moral damages, the methods of restitutio in integrum, equivalent compensation, symbolic compensation, and punitive damages can be noted. The findings of the study reveal that the compensation methods in the Iranian legal system is inefficient. Therefore, attention has been proposed to the injured party in the method of compensation. It seems presenting a new methods can facilitate peace of mind for the damaged. Thus, one may achieve the main goal of damage compensation. Manuscript profile