نوع مقاله : علمی و پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی دانشگاه شیراز
2 دانشیار گروه حقوق خصوصی واسلامی، دانشگاه شیراز
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In legal systems, secondary victims refer to individuals who are indirectly affected by damages, particularly in cases of negligence. The concept of secondary victims can be studied in two distinct domains: economic and psychological. This research analyzes the judicial practices in England and relevant legal sources in Iran to examine the purely economic harm suffered by secondary victims and the principles of compensating for such damages. English law places greater emphasis on recognizing secondary victims. In this system, if the elements of negligence are present and there is a breach of duty of care accompanied by a special relationship and a form of trust, the damages suffered by the secondary victim can be claimed under certain conditions.
The findings indicate that in Iranian law, the principles of compensation may not fully address secondary victims, and claiming these damages is fraught with challenges. However, by referencing Article 6 of the Civil Liability Act and accepting the concept of natural debt and future harm, compensating for the economic harm of secondary victims is acceptable to the extent that it does not cause hardship for the party causing the harm. Causality based on custom is also considered a sufficient criterion for compensation, thereby mitigating the requirement for direct harm. Iranian law is gradually moving towards accepting compensation for indirect economic damages related to the economic harm of relatives. A comparison with English law reveals fundamental differences in approaches and legal requirements for compensating such damages.
کلیدواژهها [English]
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