Principles and methods of assessing moral damages resulting from breach of contract and its social consequences after the Islamic Revolution
Moral damage in various legal systems, despite the many accepted challenges of Iranian law, is no exception to this rule. The importance of this type of damage is due to its social effects through its effect on the human psyche. Violation of an obligation, or the occurrence of a crime, has such a profound effect on the social life of individuals. The result can be seen in relationships and interactions with others or other social interactions. Since maintaining the dignity of human beings and fulfilling the covenant, is one of the religious teachings. Attention to compensation for this type of damage results from its foundations. The study of jurisprudential and legal sources indicates that compensation for moral damage, regardless of its origin, has rich foundations in terms of law and jurisprudence. But in practice and in the position of care, it has little attention and is a serious challenge. First, the Iranian courts do not welcome this type of damage, and the rulings are very limited. However, the same opinions have been issued after the Islamic Revolution. Secondly, after accepting this type of damage in the judiciary, it will also have problems in the position of compensation and evaluation. In this article, while stating the legal and jurisprudential principles and social consequences of moral damages, a solution is presented for both challenges.
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