Principles and Methods of Evaluating Spiritual Damage Due to Contract Violations in Iranian Law with Attitude to British Law and Courts

An important part of the legal relationships of individuals in society is regulated in the form of contracts. The breach of these agreements by each party, depending on its type and purpose, provides for the imposition of a variety of damages on the parties. One of these damages is spiritual loss. The ability to compensate for damages is accepted in various legal systems of the world, including Iran, but the spiritual damages caused by breach of contract despite being accepted in some jurisdictions, including the UK, in Iranian law, despite legal and legal grounds, are difficult to seek and prosecute. . However, in some cases, some courts and parliaments have occasionally issued compensation for this type of litigation. The results of the present study show that contractual liability is liable for moral damages if the purpose of the contract is not to profit and to bring economic benefits. Votes issued by British courts have taken into account the purpose of the contract in awarding spiritual damages. However, since the international trade arena includes, for the most part, economic contracts, international law is generally liable for damages resulting from breach of contract. And this research has shown that the reason for the failure of Iranian courts to pay attention to spiritual damages, especially due to breach of contract, is not because of a breach or silence of the law, but because of lack of demand, lack of public awareness and concern, and in general, failure to obtain results. Another problem with claiming spiritual damages that both groups agree and oppose is the inability to record spiritual damages. In this research, we have presented some practical ways of assessing spiritual damages while expressing spiritual compensation methods.

کلیدواژه ها:

Spiritual Damage ، Contract Breach ، Assessment Method ، Principles ، Contractual Liability