Civil and Criminal Liability for Emotional Damages Inflicted by Spouses on Each Other in Married Life

Authors

    Abolfazl Alishahi Qala Joghi Associate Professor, Department of Theological Education, Farhangian University, Tehran, Iran.
    Fariba Taei * PhD student, Department of Jurisprudence and Law, Mazandaran University, Iran faribataee73@gmail.com
    Nejat Alipour M.A of Private Law, Urmia Branch, Islamic Azad University, Urmia, Iran
https://doi.org/10.61838/kman.aftj.4.4.34

Keywords:

Spouses, Damage, Emotional, Civil Liability, Culprit

Abstract

Aim: The present research aims to investigate the civil and criminal liability for emotional damages inflicted by spouses on each other in married life. Methods: This research employs a descriptive-analytical method and is conducted using authoritative legal and jurisprudential library sources. Results: Undoubtedly, the primary objectives of marriage for spouses are not profit and benefit, but rather to achieve peace, respect, loyalty, intimacy, and security. Among the damages that can be inflicted on a person is moral damage, which is not about losing property; rather, these damages affect the individual emotionally and psychologically. Moral damage is often related to the rights associated with a person's character and includes harm to physical and moral integrity, such as physical suffering, identity, reputation, emotions and feelings, and dignity. Conclusion: Consequently, we find that if spouses suffer from mental illness or are harmed due to constant quarrels, blame, suppression, or slander, the culprit is liable for civil and criminal damages. However, it is also understood that compensating for emotional damage is not solely through monetary payment but should also involve expressions of affection, commitment to not repeating behavior, public apologies, psychotherapy, etc.

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Published

2023-09-10

How to Cite

Alishahi Qala Joghi, A., Taei, F., & Alipour, N. (2023). Civil and Criminal Liability for Emotional Damages Inflicted by Spouses on Each Other in Married Life. Applied Family Therapy Journal (AFTJ) , 4(4), 566-580. https://doi.org/10.61838/kman.aftj.4.4.34

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