Feasibility of compensatory damages for spiritual damage caused by the emission of electromagnetic waves in the seas, focusing on the approach of the legal rule of harmless and French law

Document Type : Academicm and Research

Authors

1 P.H.D student of Fiqh and Fundamentals of Islamic Law. Islamic Azad University, Isfahan Branch (Khorasgan), Isfahan, Iran

2 Professor, Department of Law, Islamic Azad University, Saveh Branch, Saveh, Iran

3 Professor Of Tehran Univercity

10.22091/csiw.2025.9931.2459

Abstract

This research has been done with the analytical and comparative method with the aim of removing ambiguity from the laws and protecting as much as possible the moral rights of the society and by examining and analyzing the legitimacy of moral damage in jurisprudence and how to compensate it in French law. The special achievement of this research points to the fact that in jurisprudence texts, there is a way to compensate for this type of unforeseen damages and the implementation of hadd, ta'zir, qisas and payment of dowry compensates only some examples of spiritual damage to some extent. The findings of the research indicate that the responsibility of the countries due to the harmful transmission of electromagnetic waves by natural persons and the actions attributed to it are legitimate in accordance with international law. Based on this, the present study under the title of compensation for moral damage in French law and the role of insurance in it examines compensation for moral damage in French law and the role of insurance in it. The results of the research show that: in French law, material and spiritual damages can be compensated, but this damage must be obviously unusual and have a special importance. Also, in French law, a cash payment is considered to compensate for moral damage, and insurance is considered one of the ways to compensate for moral damage for the injured person. In French law, special laws and judicial procedure are accepted for the compensation of moral damages

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Comparative Studies on Islamic and Western Law

Articles in Press, Accepted Manuscript
Available Online from 11 January 2025

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