Investigation of moral damages in the judicial procedure of justice

Document Type : Original Article

Authors

1 PhD Student, Department of Law, Larestan Branch, Islamic Azad University, Larestan, Iran

2 Assistant Professor, Department of Law, Larestan Branch, Islamic Azad University, Larestan, Iran (Corresponding Author)

3 Assistant Professor of Law, Larestan Branch, Islamic Azad University, Larestan, Iran

Abstract

The present study is a comprehensive study to understand the spread of the concept of non-pecuniary damage in the legal system of European countries using historical and comparative analysis. In this study, the studied systems have been divided into liberal, moderate and conservative systems for accepting non-pecuniary damage. This research helps us to understand how and why European legal systems in terms of non-pecuniary damages have reached the point of increasing acceptance of this category.Compensation for non-pecuniary damages resulting from contracts is not permitted in some European legal systems, while in others it is limited or recognized by the legislature. Through a historical research, an attempt has been made to clarify the background of the current situation in the new law.In addition, with emphasis on case studies, this study seeks to provide readers with more details of the concept of non-pecuniary damage in today's systems. By comparing the differences and similarities of national legal systems, major approaches to this concept have been classified.

Keywords

Political Sociology of Iran
Volume 5, Issue 8
October 2022
Pages 1275-1289

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