نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه فقه و مبانی حقوق اسلامی، واحد زاهدان، دانشگاه آزاد اسلامی، زاهدان، ایران.
2 گروه فقه و مبانی حقوق اسلامی.دانشگاه سیستان و بلوچستان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In Article 1037 of the Civil Code, regarding the compensation for damages caused by the disruption of the engagement, the legislator paid attention to the compensation of material damages, but paid less attention to the compensation of spiritual damages; This is despite the fact that it is much harder for people to bear spiritual losses, including mental pain and social discredit, than material losses; Therefore, the feasibility of determining and identifying and ordering compensation for this type of damage is very important. From the point of view of jurisprudence, in addition to the verses of the Qur'an and hadiths, the reason from which the need to compensate for spiritual damage is understood is the "harmless rule". Now, in this article, which is done in a descriptive and analytical method, the results are obtained that due to the abandonment of compensation for moral damages caused by disrupting the engagement, it is necessary for the legislator to pay serious attention to the compensation of these losses and Referring to Article 1 and 2 of the Civil Liability Law and the criteria of Article 171 of the Constitution as well as the legal rule of harmlessness, imagine a type of civil responsibility for the disrupter of the engagement that is in accordance with public order and preventing chaos at the community level.
کلیدواژهها [English]