Paper Information

Journal:   REVUE DE RECHERCHE JURIDIQUE   WINTER 2012 , Volume - , Number 56; Page(s) 189 To 209.
 
Paper: 

MORAL DAMAGE FROM PRSPECTIVE OF CASE LAW

 
 
Author(s):  HOSSEINABADI AMIR*
 
* 
 
Abstract: 

In most of the legal systems, moral damage is recognized as a type of damage along with material damage. The importance of moral damage has increased; as in some cases the amount of compensation awarded by courts for moral damage has been significantly higher than those for material damage.
The history of moral damage in our legal system can be traced back to 90 years ago in the former Criminal Code. Later the Criminal Procedure Code and the Civil Liability Code affirmed the statement of the Criminal Code on recognition of moral damage in the Iranian legal system.
After the revolution 1979, the Consitution Act stipulated moral damage in principle 171. In their interpretation of article 30 (1) of te press Act (1364), the Islamic jurisprudents of the Guardian Council declared that, the mentioned article- under which moral damage was recognized- is contrary to Sharia. Thus, the legislature in the amendment of the Criminal Procedure Code eliminated moral damage from section 2 of article 9 of the criminal procedure code (1378).
By the elimination of moral damage from the Criminal Procedure Code (1378), some judges changed their approach and are reluctant to consider moral damage as a compensable damage; whereas, the existence of article 171 of the Constitution and the applicability of the Civil Liability Code leave no doubt over the recognition of moral damage under Iranian law.
The criticism of some judges about the lack of any criterion for measuring moral damages is rejected by reference to article 3 and 5 of the Civil Liability Code. According to the stated articles, the amount of moral damages depends on the circumstances and should be decided by judges on a case by case basis.

 
Keyword(s): CASE LAW, DAMAGE, MORAL DAMAGE, COMPENSATION, PERSONAL OR FAMILIAL CREDIBILITY AND PRESTIGE, MORAL AND MENTAL INJURY, CRICUMSTANCES, AOUTORITY OF THE JUDGE
 
References: 
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