List of Articles Moral Damage

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  1 - Moral Damage Compensation in Islamic Law and Jurisprudence
  Zohreh Nikfarjam
  Although "moral damage" is one of the challenging issues necessarily stipulated in present principles, laws and regulations but it is not determined how to compensate and evaluate. Some strategies are considered for moral damage compensation in legal systems of differen More

  Although "moral damage" is one of the challenging issues necessarily stipulated in present principles, laws and regulations but it is not determined how to compensate and evaluate. Some strategies are considered for moral damage compensation in legal systems of different countries, but there isn't any definite criterion for the methods of moral damage compensation. The writer believes that the capability of moral damage compensation and how to compensate it could be justified and inferred in relation to the law principles in Iran and Islam: the rule of "no-damage" as a jurisprudent certainty is invoked in order to prove the civil liability arising from moral damage and the methods of compensation.    In addition to the rule of "no-damage", the other reason is anticipation of blood money about physical hurts which lead to moral damage. The intelligentsia also judge to compensate the moral damage imposed on humans. The moral damage is also compensated in legal law in Iran. There isn’t any definite method to compensate the moral damages but it deems that the common methods in statue, common law and jurisprudence are acceptable because the methods of moral damage compensation are relative and resultant which are derived from legal and social thoughts in every time and then consent and religious law could be understood from the silence and lack of legislator prevention.    Therefore, we can say that the acceptance of financial compensation and sorts of non- financial compensation is justifiable and defensible for reparation of moral damage in Islamic jurisprudence Manuscript profile
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  2 - Moral Damage of Breach of Contract in Fiqh, Iran’s Law, and Britain’s Law
  Fatemeh Nakhaii Fariba Sanjari moghadam
  The purpose of the present study is to survey moral damage of breach of contract in Fiqh, Iran’s Law, and Britain’s Law. The method of study is descriptive analysis and the results on why demanding the compensation of moral damage has not been acknowledged i More

  The purpose of the present study is to survey moral damage of breach of contract in Fiqh, Iran’s Law, and Britain’s Law. The method of study is descriptive analysis and the results on why demanding the compensation of moral damage has not been acknowledged in Iran’s legal system yet indicates that common people do not have any awareness about this damage as part of their civil right so we can not expect them to claim for that. The major drawback is related to the association of law elites, lawyers, and judges who have not taken a step toward the implementation of the compensation of moral damage in the first stage, and filling a lawsuit to ask for the compensation of moral damage out of breach of contract in the second stage so the legal system of Iran despite its legal and jurisprudential principles does not favor to adjudge such claims. Although the compensation and evaluation of moral damage is arduous, when the judiciary approach aims to acknowledge that, it is essential to determine a definite criterion for its relative assessment. Manuscript profile
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  3 - Investigating the compensation of emotional damages to a person as a result of causing physical harm to relatives
  babak peyman mehdi zare babak khosravinia
  10.30495/alr.2022.1947159.2238
  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 More

  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. Manuscript profile
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  4 - The Relationship between Capital and Social Health and Media Literacy with Reduction of Moral Damages in Instagram Social Network
  Amirhossein Haghparast ABASALI GHAYOUMI Zahra Amirhosseini
    The rapid growth of smartphone technologies and its popularization among all layers of society regardless of economic, cultural and value differences and its connection to the Internet, has been able to give a new definition to the meaning of communication. The p More

    The rapid growth of smartphone technologies and its popularization among all layers of society regardless of economic, cultural and value differences and its connection to the Internet, has been able to give a new definition to the meaning of communication. The purpose of this study is to investigate the effect of cultural and social factors on reducing the moral damages of Instagram social network, which is one of the most widely used software among Iranian users.The present research is practical in terms of its purpose and in terms of method is a descriptive-correlational research and considered as field research. In order to achieve the research goals, out of a total of 800 undergraduate translational students of the Islamic Azad University of Shahr-e-Ghods, 260 of them were selected according to the Cochran formula as the sample population. Library tools were used to provide theoretical framework, definitions, background and research literature and a researcher-made questionnaire was used In order to measure opinion, viewpoint, insight and inferential data. In order to analyze the data, correlation test and multivariate regression were performed using SPSS software version 23.The results of the study of the relationship between social factors (social capital, social health and adherence to social values) and cultural factors (legality and media literacy) with dependent variable (moral damages of Instagram) indicate that All independent variables have a reverse and meaningful relationship with moral harms. The variables of media literacy and adherence to social values have had the strongest negative and reverse relationship with the Instagram's moral damages. After these variables, legalism, social capital, and social health were inversely related to moral damages, respectively.   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