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Information Journal Paper

Title

A Comparative Study of More Spiritual Claims in the Laws of Iran and the United States of America

Author(s)

 Fander Ghazal | Ghasemzadeh Zavie Seyed Morteza | Hosseini Seyed Mohammad | Issue Writer Certificate 

Pages

  193-206

Abstract

 Dealing with Damage claims is very important both in Iranian law, which is a combination of Islamic law and Shiite jurisprudence, and in American law as a subset of the common law legal system, and it also follows certain principles. In this research, which is prepared and organized in a descriptive and analytical method, while examining the topic of Damage, types of Damage, including material and moral Damage, and of course addressing the methods of Compensation in Iranian and American law, according to the main question of the research that What are the principles of Damage claims in the Iranian and American legal systems? These principles have been discussed. The findings and results of the research show that in domestic law, there are principles such as the right to file a lawsuit, the principle of acquittal, the right to have an independent lawyer, the right to challenge opinions, the right to be heard within a reasonable time, the basic principle of compliance, the public nature of proceedings, the principle of equality of evidence. And the principle of the obligation of the judge to state the argument has been mentioned, and in American law, the principle of the independence of the court in dealing with Damage claims, the independence of the judge's opinion from the expert's point of view, the principle of the right to a fair trial, the openness of the proceedings and the presence of the jury have been mentioned. has taken.

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