Ways to Compensate Spiritual Damage in Couples’ Common Life

Moradzadeh, Hasan; Razavi, Fahimeh Sadat

doi:10.30497/flj.2016.59332

Ways to Compensate Spiritual Damage in Couples’ Common Life

Document Type : Specialized Article

Authors

¹ Associate professor, Shahid Bahonar University

² MA student Private law, Shahid Bahonar University

10.30497/flj.2016.59332

Abstract

Nowadays spiritual damage in the creation of responsibility (both civil and criminal) has the same effect in comparison to material damage. Though problems such as the damage being intangible, the difficulty of proving it before the investigating authority, the difficulty of the assessment and expertise of the amount of damage, and finally the difficulty of compensating the actual spiritual damage makes the matter of investigation and asking for grievances much more difficult; but this is not a reasonable excuse for the one who has incurred a loss to be irresponsible. Given the great importance of non-financial rights of the couples’ in the family and the sensitivity of this system in relation to the rights which are related to the characteristics of individuals and the members of the family being the cause of suffering in the creation of this kind of damage; it seems as though the family is the most fragile entity against spiritual damage. Therefore, methods for compensating this kind of damages also have a determining role in the continuity of the family. So the main question in this research is what the position of law is and how its resources behave in relation to the method of compensation of couples’ moral damage. Solutions such as fall of alimony, conditions agreed upon at the time of the wedding ceremony, and separate residences are examples of methods that can be used to repel and solve the moral damage in couples’ relationships.

Keywords