Moral Damages in Private International Law

Document Type : Original Article

Authors

1 Farabi College of Tehran University

2 university of Tehran

Abstract

Especially in light of the advancement of online communication, the prevalence of moral damages in the international relations of individuals has significantly increased. Consequently, the legal aspects surrounding these damages have become a matter of great concern. In the event that the injured party decides to pursue legal action within the Iranian legal system, the primary issue at hand is determining the appropriate jurisdiction and applicable law to govern the dispute after quantifying the compensation for moral damages. Although Iranian law does not specifically address this matter, various sources that have explored this type of loss in a broader context assert that moral damages are indeed protected by legal provisions. Furthermore, in accordance with the law and general principles, the court of the injured party's place of residence, followed by the location of the loss or its cause (Lex loci delicti), possesses international jurisdiction to adjudicate the matter. Subsequently, the governing law is determined by the location of the damage (lex loci delicti) and the closest connection to the case.

Keywords

Main Subjects