Volume 27, Issue 97 (spring 2022)
__Judicial Law Views __2012__, 27(__59__): __22458 |
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Mirshekari A, Azadbakht S. Studying The Possibility of Claiming Moral Damage by Commercial Corporations. دیدگاههای حقوقی 2022; 27 (97) :37-58
URL: http://jlviews2.ujsas.ac.ir/article-1-2042-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-2042-en.html
1- University of Tehran , Mirshekariabbas1@ut.ac.ir
2- University of Tehran
2- University of Tehran
Abstract: (703 Views)
The presupposition of our legal literature is the attribution of moral damages to natural persons, while contrary to what seems apparently,it is also possible to inflict this type of damage on legal persons,especially since the lives of these individuals often depend on the attribution of certain intellectual rights such as reputation and recognition of the possibility of claiming compensation for damage to these rights;Therefore,the silence of the legal literature in this regard must be compensated.This article,with the main focus on corporations,strives to answer the question of whether moral damages can be claimed by a corporation.In answer to this question,we are faced with a range of opinions:some,by emphasizing the virtual existence of companies, give a negative answer to this question,and others,believing in their real existence,give a positive answer.This article takes the view of the separation of moral damages and does not consider the moral damages that are to support emotions to belong to commercial companies, but according to the nature of the commercial company,it accepts the possibility of claiming damages on the companychr('39')s intellectual capital.In this article,the case law of the European Court of Human Rights as well as the British law are reviewed and finally,Iranian law will be examined.
Type of Study: Applicable Research |
Subject:
Pivate Law
Received: 2021/06/10 | Revised: 2023/01/21 | Accepted: 2021/12/18 | Published: 2022/06/18 | ePublished: 2022/06/18
Received: 2021/06/10 | Revised: 2023/01/21 | Accepted: 2021/12/18 | Published: 2022/06/18 | ePublished: 2022/06/18
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