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 Department of Private Law, Qom Branch, Islamic Azad University, Qom, Iran.
10.22034/ejs.2024.422088.1583
Abstract
Background and Aim: In this article, what will be studied is the basis and rule of compensation for moral damages in the functional field of legal entities. Therefore, the focus of the research is to examine this important; The person responsible for compensation for moral damage caused by harmful behavior in the field of rights and duties of legal entities is based on what criteria and basis.
Materials and Methods: This research is of a theoretical type, the research method is descriptive-analytical, and the method of collecting information is in the form of libraries, and it was done by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Findings: The research shows that in Iran's legal system, according to jurisprudence, as well as the British legal system, in general, moral damages are considered to be compensated according to the proportion and extent of the fault of the person causing the damage, which in case of the victim's agency in the damage caused, The absolute responsibility of the main agent is relatively reduced.
Conclusion: The basis of moral damage compensation in the legal system of Islam, Iran and England is different. In the Islamic legal system and consequently in Iranian law, the rule and basis of compensation has an objective and specific aspect, but in the British legal system, the criterion and basis of an approach in the field of moral compensation of legal entities has a subjective and personal structure.
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