Analysis of two Verdicts on Moral Damages Resulting from Breach of Contractual Obligations

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MIRSHEKARI ABBAS; Arzi Mohammad

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Journal Paper

Paper Information

Journal: QUARTERLY OF LEGAL ENCYCLOPEDIAS Year:2021 | Volume:4 | Issue:10 Page(s): 159-184

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Title

Analysis of two Verdicts on Moral Damages Resulting from Breach of Contractual Obligations

Author(s)

MIRSHEKARI ABBAS | Arzi Mohammad | Issue Writer Certificate

Keywords

Moral damage

being compelled to fulfill the main obligation

compensation

right of termination

Abstract

The subject of this article is the analysis of two judgments in the field of claiming Moral damages. The subject of these two judgments is that the obligor did not fulfill his obligation to film a wedding ceremony and did not deliver the wedding videos. The obligee has also filed a lawsuit and demanded compensation for the damages incurred by her. Naturally, one of the examples of damages is the Moral damage that has been inflicted on the obligee due to not having a lasting visual record of the wedding ceremony. Now, it remains to be seen under what circumstances this type of damage can be claimed in the Iranian legal system. In this article, considering the fact that Moral damages sought are directly caused by the obligor and are basically predictable, the ability to claim such damages is emphasized. Another issue is the method of compensation. In these two judgments, two methods have been used to compensate for the Moral damage: one, the obligation to "pay the equivalent of the salary received" and the other, the obligation to "pay the equivalent of the costs of the wedding ceremony. " In this article, emphasizing the fact that the judge should think in a way that is compatible with the "circumstances of the case", an attempt is made to examine the appropriateness of the abovementioned methods.

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APA: Copy

MIRSHEKARI, ABBAS, & Arzi, Mohammad. (2021). Analysis of two Verdicts on Moral Damages Resulting from Breach of Contractual Obligations. QUARTERLY OF LEGAL ENCYCLOPEDIAS, 4(10 ), 159-184. SID. https://sid.ir/paper/412828/en

Vancouver: Copy

MIRSHEKARI ABBAS, Arzi Mohammad. Analysis of two Verdicts on Moral Damages Resulting from Breach of Contractual Obligations. QUARTERLY OF LEGAL ENCYCLOPEDIAS[Internet]. 2021;4(10 ):159-184. Available from: https://sid.ir/paper/412828/en

IEEE: Copy

ABBAS MIRSHEKARI, and Mohammad Arzi, “Analysis of two Verdicts on Moral Damages Resulting from Breach of Contractual Obligations,” QUARTERLY OF LEGAL ENCYCLOPEDIAS, vol. 4, no. 10 , pp. 159–184, 2021, [Online]. Available: https://sid.ir/paper/412828/en

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