Ahmad Amiri; Hojjat Mobayen; Mohammad Ali Khorsandian; Siroos Heidari
Abstract
Although the human personality and dignity are respected in all legal systems and under certain conditions, a criminal liability has been determined for damaging it, civil liability caused by damage to personality has been considered less, especially in our legal system. On this basis, the main issue ...
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Although the human personality and dignity are respected in all legal systems and under certain conditions, a criminal liability has been determined for damaging it, civil liability caused by damage to personality has been considered less, especially in our legal system. On this basis, the main issue in this article is studying the institution of civil liability, its conditions and criteria and methods of compensation in Iran jurisprudence and law and its comparison with the English legal system. The research method is descriptive-analytical and comparative. Civil liability caused by damage to personality is studied under the general heading of "desecration" in Imamiyeh jurisprudence and Iran law, and under the heading of "defamation" in English law. The criteria for defamation in English law is "lowering the reputation from a right-thinking member view of society" and the criteria for desecration in Iran law and Imamiyeh jurisprudence is "damage to the personality". The conditions of liability are different in these systems based on these two criteria. In English law, unlike Iran law, compensation for defamation is usually financial, the amount of which is determined by the court.