Feasibility of civil liability regarding moral damages caused by cancellation of engagement

Sanchooli, Zeinab; Kaykha, Mohammadreza

Feasibility of civil liability regarding moral damages caused by cancellation of engagement

Document Type : Original Article

Authors

¹ Assistant Professor, Fiqh and Fundamentals of Islamic Law Department, Zahedan Branch, Islamic Azad University, Zahedan, Iran.

² Associate Professor and Faculty Member, Department of Jurisprudence and Fundamentals of Islamic Law, Sistan and Baluchestan University.

Abstract

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.

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