نوع مقاله : نقد رای دادگاه حقوقی
عنوان مقاله English
نویسندگان English
The possibility of claiming moral damages resulting from illicit relationships, especially in cases where the sexual relationship was formed with apparent consent but based on deception or coercion, is one of the challenging issues in the Iranian civil liability system. The ruling studied in this article is notable in terms of examining the various aspects of this issue. The judge who issued the ruling wisely separated the criminal and legal aspects of the issue and considered that merely issuing a verdict of acquittal in the criminal court was not enough to exclude the defendant from liability and ultimately ordered the payment of the equivalent of dower to compensate for the damage caused. The present article, relying on the analysis of judicial practice and the interpretation of relevant legal articles, examines the legal, conceptual basis and limits of the ability to claim this type of damage. It examines the objections that may be made to the possibility of claiming such damage and provides an analysis to eliminate them.
By explaining the conceptual distinction between the institutions of dower, Arsh al-Baqarah and moral damages and moral damage, it emphasizes the point that these institutions are inherently independent of each other and, if the legal conditions are met, they can be combined. The central argument of this research is that even in the absence of a criminal description such as violence, if the elements of civil liability, including loss, harmful act and causal relationship, are established, it will be possible to claim moral damages. In the ruling, although the judge does not consider the plaintiff to have the right to claim material damages, he considers him to be entitled to moral damages and, relying on the general principles of civil liability and the precise interpretation of the applicable laws, issues a ruling to compensate for the damages. Thus, by criticizing the doubts existing in some opinions and restrictive interpretations, it emphasizes the necessity of explicitly accepting moral damages in illicit relationships and moving towards a system centered on restoration in civil liability.
کلیدواژهها English
