Measuring the Intellectual Damages in the Iranian Law

Kamal Raouf () and Hosein Angurajtaghavi
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Kamal Raouf: Department of Private Law, Islamic Azad University of Tehran, Iran
Hosein Angurajtaghavi: Faculty of Law and Political Sciences, Chalus branch Islamic Azad University, Iran

Journal of Internet Banking and Commerce, 2016, vol. 21, issue 03, 01-11

Abstract: In the Iranian system, on the basis of some debates by legislative bodies including the Guardian Council of Constitution of Iran, and former supreme legal counsel on the impossibility of financial restoration of intellectual damages, doubts and problems were made. This is while with a scrutiny in Islamic references and predicting restoration in the Iranian rules, and finding no contradictions among them; its verdict in some articles of the constitution especially in article 1711, the jurisprudents removed the obstacle and moved the process toward the restoration of this kind of damage. Recent years have seen decisions that have been logical, documentary, and interesting, among which was known as "the Hemophilia case2" urging government to restore intellectual damages. Recently, article 14 of the 2015 criminal proceeding and its amendment 1, and the additional amendment defined intellectual damage, and include its financial restoration, mentioning some instances. This paper studies the subject with the legal view based on written law. The question is "In today's world, can a person have the harm and damage imposed on his emotions, reputation, and personality by legal, and natural persons restored?"

Keywords: Intellectual Damages; Compensation; Iranian Law (search for similar items in EconPapers)
JEL-codes: A11 (search for similar items in EconPapers)
Date: 2016
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