Volume 29, Issue 4 (2023)
AIJH 2023, 29(4): 89-109 |
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albazi M, Mohammadi G. Evaluation of compensation for moral damage (A comparative study of Iranian, Iraqi, and Qatari law). AIJH 2023; 29 (4) :89-109
URL: http://aijh.modares.ac.ir/article-31-54570-en.html
URL: http://aijh.modares.ac.ir/article-31-54570-en.html
1- Mahmoud albazi: Ph.D. Student of Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran, m_albazi@sbu.ac.ir
2- Assistant Professor, Faculty of Law, Islamic law, Shahid Beheshti University, Tehran, Iran, corresponding author gh.mohammadi@sbu.ac.ir ,gh.mohammadi@sbu.ac.ir
2- Assistant Professor, Faculty of Law, Islamic law, Shahid Beheshti University, Tehran, Iran, corresponding author gh.mohammadi@sbu.ac.ir ,
Abstract: (1860 Views)
In the general context, the damages are divided into pecuniary and non-pecuniary (moral) damage. In principle, the pecuniary damage does not constitute a special difficulty, whether for evaluation or judgment by the court. But the difficulty arises when talking about moral (non-pecuniary) damage. This damage is imperceptible from a material point of view, and there are no adequate criteria for assessing it. Pain, defamation, and other examples related to non-pecuniary damage vary in magnitude and impact from one person to another.
To discuss this problem, we decided to study contiguous Legal systems with the aim of reaching a logical solution. Among the findings of this study is that the legal systems in Iran, Iraq, and Qatar granted the judge discretionary power in assessing compensation. However, at the same time, this authority determined that it presented the criterion of the circumstances as a guideline that the judge should refer to in order to assess the non-pecuniary damage. These legal systems differed among themselves regarding the obligation of the judge to take into account the seriousness of the defendant’s fault when evaluating.
To discuss this problem, we decided to study contiguous Legal systems with the aim of reaching a logical solution. Among the findings of this study is that the legal systems in Iran, Iraq, and Qatar granted the judge discretionary power in assessing compensation. However, at the same time, this authority determined that it presented the criterion of the circumstances as a guideline that the judge should refer to in order to assess the non-pecuniary damage. These legal systems differed among themselves regarding the obligation of the judge to take into account the seriousness of the defendant’s fault when evaluating.
Keywords: Punitive damage, Non-pecuniary damage, circumstances, The seriousness of the defendant’s fault, evaluation criteria, tort liability.
Article Type: Original Research |
Subject:
Arts and Humanities (General)
Received: 2021/08/3 | Accepted: 2021/10/7 | Published: 2023/06/29
Received: 2021/08/3 | Accepted: 2021/10/7 | Published: 2023/06/29
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