• Home
  • خسارت معنوی
  • OpenAccess
    • List of Articles خسارت معنوی

      • Open Access Article

        1 - Comparative study of moral damage in Iranian and Egyptian law
        Hasan  Ajdari Nejad Ali  Almasi Iraj  Pour Erfan
        For a long time, a moral damage was not ratable to money. Morally, it was also harsh that moral damages be compensated with money. Therefore, compensation could not eliminate losses. Of course, now, also technically, compensation is an ultra-precise and difficult matter More
        For a long time, a moral damage was not ratable to money. Morally, it was also harsh that moral damages be compensated with money. Therefore, compensation could not eliminate losses. Of course, now, also technically, compensation is an ultra-precise and difficult matter. But with the steady evolution of the civil liability concept, the principle is accepted that the purpose of civil liability is that, if possible, to find losses equivalent and then be compensated. Although compensation for moral damage is not limited paying money, but in financial compensation for moral damages, the loss does not disappear, but it is a relief to the injured. Reinforcing such views causes moral damage to be accepted in the legal systems of many countries. In the present study, we have tried to explain and analyze the place for moral damages, in Iran's rights compared to civil law in Egypt, as one of the most important rules in this field. The results suggest the Iranian legal system compared to the Egyptian legal system, despite the fact that, in various rules, moral damage is referred scatter, but no certain legal system can be considered for it. Manuscript profile
      • Open Access Article

        2 - Moral approach to compensating for the spiritual damage caused by the decline of reason in jurisprudence and Iranian law
        Mohammad  Ferdosi Pour MOhammadReza Kazemi GolVerdi Hossein  Ahmary
        The development of moral principles has been one of the necessities of human society throughout history. Also, the most important point that should be addressed in the discussion of compensation for spiritual damage is the definition of moral damages. Jurists and jurist More
        The development of moral principles has been one of the necessities of human society throughout history. Also, the most important point that should be addressed in the discussion of compensation for spiritual damage is the definition of moral damages. Jurists and jurists have tried to provide a logical definition of spiritual damage. Damage is not limited to financial losses, but spiritual damage damages and damages the most important dimension of human personality, which is its spiritual and spiritual dimension. However, in jurisprudence, compensation for material damages in both positive and negative types has been strongly and frequently considered and revised in Iranian jurisprudence and criminal law. However, the issue of "spiritual damage" still has much to do with the current laws and even jurisprudence. This article seeks to pay attention to the importance of reason in Islamic penal laws and criminal procedure and the methods of compensation for damages due to its loss or decline, using a descriptive-analytical method and considering jurisprudential and legal sources. Finally, with the aim of removing ambiguity from Qunin and emphasizing the spiritual rights of reason and by examining and analyzing the legitimacy of "spiritual damage" and how to compensate it by studying the current laws, especially the new criminal procedure and Islamic Penal Code, as well as civil liability and Its application to the rules of jurisprudence, such as the rule of no harm, the denial of hardship, pride and waste, as well as the examination of the rule of reason, we will conclude that spiritual damage can be claimed. Manuscript profile
      • Open Access Article

        3 - Ethical Approaches in Determining Blood Money and Arsh based on Medical Priorities
        Narges  Dehghani Mohammad Rasoul  Ahangaran Maryam  Naghdi Dorobati Karim  Salehi
        Determining the blood money and Arsh in terms of the type and rate of crimes and their complications is one of the common duties of forensic medicine and the judicial system. Therefore, the forensic physicians’ opinions by observing the principles of medical science an More
        Determining the blood money and Arsh in terms of the type and rate of crimes and their complications is one of the common duties of forensic medicine and the judicial system. Therefore, the forensic physicians’ opinions by observing the principles of medical science and adhering to the ethical approaches related to medicine and law fields can be an opening way to better implement of justice and realize the material, spiritual and moral rights of the victim . The present study, with a descriptive-analytical method and with the aim of investigating the contradictory cases of determining blood money based on medical science and observing ethical standards, first expressed the relationship between ethics and jurisprudence, law and forensic medicine and then analyzed the examples of these contradictory cases. As a result, it is necessary to revise the laws related to blood money by crossing the channel of the requirements of the time and taking into account the approaches of modern science and observing spiritual and moral principles in order to compensate material and spiritual damages caused by physical and mental injuries. Manuscript profile