Comparative study of sources and general content of moral demages in Iranian Civil Liability law and international human rights instruments

Abstract

In the Iranian Law, since many legal rules comply with shiite jurisprudence, compensation is justified by "principle of no harm". The subject of civil lianbility is compensation for losses caused by fault or risky activities of a person. In the present study, we have tried to explain and analyse the place for moral damges, in Iran's rights compared to international Human Rights of Conventions as one of the most important rules in this field. The results suggest the Iranian legal system compared to International Human Rights of Convertions legal systems, despite the fac that, in various rules, moral damage is referred sacatte, but no certain legal system can be considered for it. Therefore, nowodays demage, as an important topic in law, holds a spacial place in the legal system of the developed coutries. Thus, not only restitution could be sought for any physical damage, but also claims coud be made to be reimbursed for any moral demages suffered. In this paper, it is tried show that any moral damages suffered, if the necessary conditions of certainty, legitimacy, directness and other criteria are met, claims for compensation and restitution cloud be made.