Paper Information

Journal:   LAW & POLITICS RESEARCH JOURNAL   SPRING 2010 , Volume 12 , Number 28; Page(s) 1 To 30.
 
Paper: 

INDEMNIFICATION OF DAMAGE OF CORPORAL HURTS IN LAW OF TORTS OF IRAN

 
 
Author(s):  BABAEI IRAJ*
 
* FACULTY OF LAW AND POLITICAL SCIENCE, UNIVERSITY OF ALLAME TABATABAIE
 
Abstract: 

Legal rules relating to the damage of corporal hurts form the main part of law of torts. Since the enactment of Islamic punishment laws and jurisprudence rules many questions and ambiguities about most of damage caused by corporal hurts and specially moral and financial damage of treatment and disability was raised that despite of a quarter of century still remained unanswered and its matter of law is not clear for lawyers and even courts.
Unfortunately our country is among the countries with the highest number of victims of corporal events and damage, and the related suits are the most common suits in the courts. The root of this ambiguity is the persistence of jurisprudents on paying only the DYYAH (Fixed amount of money paid to the victim of a corporal hurt) and not paying other damage like costs of treatment and disability on one hand and on the other hand, adverse of lawyers and courts upon injustice and other interpretation of this view that has not been accepted by jurisprudent.
This paper tries to present a new view of jurisprudence and legal logic with knowledge of jurisprudence logic and evolution of indemnification of corporal hurts than mere DYYAH to full compensate upon separation mental and material damage in current law of the world to present a suitable solution with jurisprudence logic and basis of justice to solve this inexplicable problem of Iran’s law.

 
Keyword(s): TORT, DAMAGE, CORPORAL DAMAGE, COST OF TREATMENT, DISABILITY, MENTAL DAMAGE
 
References: 
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