جستجوی مقالات مرتبط با کلیدواژه "خسارت مالی" در نشریات گروه "فقه و حقوق"

One of the controversial issues in Iranian legal system and judicial precedent is the permissibility or impermissibility of compensation for moral damages through the payment of money, which has been recognized in the latest reforms. Relying on Article 14 of the Criminal Procedure Act and its notes, which have also been approved by the Guardian Council, the court can, in addition to rendering a judgment to compensate for financial damages, compensate the damages by other means, such as requiring an accused to apologize and publishing a judgment in a newspaper and so on. Believing that the principle is to compensate for moral damages and Note 2 of Article 14 of the above-mentioned Act lies outside the crimes leads to retaliation and relying on fault and failure to act in a timely manner to inform and by the relevant and related concerned organizations and development of the government's civil responsibility, the court in judgment No. 140168390002642107 dated 2/31/1401 rendered by the 12th branch of the Provencial Appellate Court of Tehran, sentenced four public and government organizations to compensation. This judgment while is bold and defensible in this respect, it is challengeable in terms of non-compliance with some legal regulations, including the method of ascertaining and attributing the accident, the method of distributing responsibility, the method of assessing the amount of damage caused and the duty to pay it continuously, etc and it is considered the weakness of the judgement.

The Airline who sells the ticket is responsible for the carriage of passenger and his luggage and if that airline cancels the flight without any acceptable reason it will be liable for the damage. In that case, we should answer the question about the basis of liability for material and immaterial damage and the ruling law of the case in the court. In addition, we must know the conditions and the effects of the civil liability of the airline. The branch no. 229 of Tehran civil court dealt with these subjects and the judgement issued, sounds somehow positive and in some aspects objectionable. Regarding the basis of the liability, the court has properly referred to the fault and contractual breach of the airline, but the Islamic rule called "La Zarar" cannot be regarded as a basis of liability. The court believes that Warsaw Convention for the Unification of Certain Rules for International Carriage by Air (1929) and The Hague Protocol (1955), beside the internal laws can be regarded as the documentary of the verdict and the resource of the liability, but we should be aware that the Convention does not include the cancellation of the flight and the court could not refer to the convention and internal laws at the same time. Regarding the effects of the liability, the verdict is admirable because the court accepted pecuniary compensation for immaterial damage, but referring to the Convention for the recovery of pure immaterial damage and the ambiguity of the method of calculating the compensation sound inappropriate.