Compensation for moral damage in Iraqi and Iranian laws

Abstract

Damage is considered one of the important issues in constitutions and laws in its various spectrums, as it has taken an important place within the legal texts. From his civil law No. 40 of 1951. In Iranian law, up to a certain period, compensation for moral damage was not subject to financial correction, because from the moral side it was disgusting to compensate with money, just as this compensation could not erase the damage, as well as estimating it was difficult, and also it was a matter of disagreement between jurists and jurists. However, with the continuous development of the concept of civil liability, it has become acceptable to compensate for moral damage, based on the principle of full compensation for the damage Also, this type of compensation has become acceptable to most countries. Therefore, we see that the Iranian legislator dealt with compensation for moral damage, based on the constitution, which laid the basis for this through the text of Article 171, as well as the texts of other laws, as it was mentioned in Article 9 and Article 14 of the Code of Criminal Procedure and Articles 1, 2, 8, 9, 10 of the Civil Liability Law, when he supported the claim for moral compensation. And that the issue of the right to compensation for moral damage is one of the extremely difficult topics, as there is moral damage mixed with material damage in a way that makes categorizing the damage from a specific aspect very difficult, and the damage is one of the pillars of tort liability as it is harm to the person in his money, body, emotion or feeling, All legislations agree that the damage must be achieved because of the harmful act, so that the injured person is compensated for the harm he has suffered, and the damage is of two types, material that affects the person in his financial or physical liability, and moral harm, which is the focus of our research that affects the person in his affection and feeling or a right owned by him.