Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Analyzing the conditions of moral damages of legal entities in the laws of Iran and England

Document Type : research

Authors
1 Ph.D. student of private law, Qom Branch, Islamic Azad University, Qom, Iran.
2 Assistant Professor, Department of Private Law, Qom Branch, Islamic Azad University, Qom, Iran.
3 Assistant Professor of Private Law Department, Qom Branch, Islamic Azad University, Qom, Iran.
10.22034/ejs.2023.394679.1432
Abstract
Background and Aim: In this article, the conditions of moral damages in the case of legal entities have been carefully considered. Perhaps the conditions for claiming moral damage can be considered the same as the conditions for compensation for material damage, but the criteria and rules for distinguishing the two are completely different.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Findings: Currently, in almost all the legal systems of the world, the fault of the injured party does not remove the responsibility of the cause of damage and does not cause the complete exclusion of the injured party from receiving damages, but it causes the reduction of the responsibility of the cause of damage, depending on the case.
Conclusion: In the legal systems of Iran and England, the possibility of claiming moral damages from legal entities has been recognized. Therefore, in the field of moral damages, it should be acknowledged that in the past, in the Roman law and the old common law system, and accordingly in England, which is influenced by the common law, The fault of the victim or his involvement in the loss caused him to be disqualified from claiming damages.
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