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, fraud or coercion, is one of the challenging issues in the Iranian civil liability system. The judgment studied in this article is notable in terms of examining the various aspects of this issue. The judge issuing the ruling wisely separated the criminal and legal aspects of the issue and considered that merely issuing a judgment of acquittal in the criminal court was not enough to remove the defendant's liability and ultimately ordered payment of the equivalent of the dowry to compensate for the moral damages incurred. The present article, based on an analysis of judicial precedent and interpretation of relevant statutes, examines the legal and conceptual basis and the limits of damages that can be claimed, examines the objections that may be made to the possibility of claiming such damage and provides an analysis to eliminate them.Moreover, by clarifying the conceptual distinction between the institutions of equivalent of dowry, compensation for defloration, and moral damage, it emphasizes the point that these institutions are inherently independent of each other and, if legal requirements are met, can be combined. The central argument of this research is that even in the absence of a criminal elements such as violence, if elements of civil liability, such as damage, harmful act, and causal relationship, are met, claiming moral damage would be possible. In the judgment, although the judge does not consider the plaintiff to be entitled to claim material damages, he does consider the claimant to be entitled to moral damages and, relying on the general principles of civil liability and the precise interpretation of the statutes, issues a judgment to compensate for the damages.Thus, finally, by criticizing the doubts existing in some judgments and restrictive interpretations, it emphasizes the necessity of explicitly accepting moral damage in illicit relationships and moving towards a system that is restoration oriented in civil liability.
کلیدواژهها English
