عنوان مقاله [English]
نویسنده [English]چکیده [English]
Moral damages, losses whose object is to damage the human psyche and cannot be included in material losses. Mechanisms of realization of the moral damage of the material damage is somewhat different with the difference that the spiritual nature of the damage is immaterial damages. However, different mechanisms in different jurisdictions are intended to compensate for moral damage. Based on the evaluation criteria to pay moral damages can be divided into three categories: A) legal determine: what is the law in case of damage has been determined and the judge when dealing with this type of damage, to determine whether it refers to the law. B) the agreement: the free will of both sides that this will allow them to deal with each other based compensation for moral compromise. C) judicial determination: is the way in which the judge for considering moral damage assessment expert opinion pays and it specifies. Each method has advantages and disadvantages are mentioned in the article referred to.