Volume 25, Issue 1 (2021)                   CLR 2021, 25(1): 1-27 | Back to browse issues page

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tari Z, Azizi E, Shahbazinia M. Comparative study of civil liability due to nervous shock in English and Iranian Law. CLR 2021; 25 (1) :1-27
URL: http://clr.modares.ac.ir/article-20-23175-en.html
1- Phd student of Private Law, Faculty of law,Tarbiat Modares University,Tehran,Iran
2- Asistant Professor of Private Law in Faculty of Law of Tarbiat Modares University, Tehran, Iran , eazizi@modares.ac.ir
3- Associate Professor of Private Law in Faculty of Law of Tarbiat Modares University, Tehran, Iran
Abstract:   (2170 Views)
Civil liability for damage from nervous shock is one of the most challenging issues in the legal system due to the fear of self-physical harm or the observation of an accident and harm to close relatives. In legal systems, personal compensation resulting from physical damage to nervous shock has been almost recognaized. But compensation for a person who is only at the risk of physical damage and suffering from a nervous shock (Primary Victim) is place of reflection. Civil liability for people who witnessed an accident or injury to relatives and suffered from nervous shock (Secondary Victim) is not explicitly recognized. In the civil liability of English Law, Nervous Shock damages to Primary and  Secondary Victims offset by constraints and conditions, and is accepted in judicial precedent. In the Iranian legal system, the design of such claims is not common, and in addition to the law of Islamic punishment, adopted in 1392, which recognized the mental disorder as having arisen, there was no explicit law in the past. However, according to the principles governing compensation, including the principle of dismissal, and the article one of a Civil Liability law, compensation for the damage caused by the shock caused by the moral damage is acceptable. In other words, the findings of this article show that there is no difference in the need to compensate for the damage caused by nervous shock in Iranian and English law.
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Article Type: Original Research | Subject: Comparative Law
Received: 2018/07/17 | Accepted: 2019/12/9 | Published: 2021/04/30

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