Person's credit has an existence beyond his life; An impressionable creature that can be harmed even after the death of human being, therefore needs legal protection; In American law's literature, tried to emphasize the possibility of recognizing the deceased as victim by backward causation; However, given that deceased is incapacitated and doesn't have ability to understand and be aware of what happened after his death; He can hardly be considered as a victim. In this direction, European law has also focused on the fact that the heir is the victim; However, although they can claim the loss that they personally suffered from damage to deceased's reputation, but when fundamentally we didn't consider deceased himself rightful, how can we consider his heirs as his successors? According to these points, it seems that the main damage from harm to deceased's credit is to the society, Because the peace of mind of community members will be disturbed by damage to people's dignity who Formerly alive in this society like all living members and understand feelings and emotions; and collective interest in preserving deceased's dignity will be harmed; In this way, by considering society as beneficiary, its members are assured that not only such behavior will not be repeated towards the deceased's moral rights, But rather spiritual sanctity of each member of the society will never be attacked after their death. Therefore, it seems that in Iranian law, it's preferable to consider society as entitled to deceased's privacy and use the compensation received from the cause of loss in way of public interest by using the capacity of Article 103 of Non Litigious Jurisdiction Act.
Mirshkari,A. and Baghestani,H. (2025). Comparative Study of the Moral Damage of the Deceased in Islamic and Western Law. Research and development in private law, 2(3), 380-417. doi: 10.22034/jpl.2025.2053819.1194
MLA
Mirshkari,A. , and Baghestani,H. . "Comparative Study of the Moral Damage of the Deceased in Islamic and Western Law", Research and development in private law, 2, 3, 2025, 380-417. doi: 10.22034/jpl.2025.2053819.1194
HARVARD
Mirshkari A., Baghestani H. (2025). 'Comparative Study of the Moral Damage of the Deceased in Islamic and Western Law', Research and development in private law, 2(3), pp. 380-417. doi: 10.22034/jpl.2025.2053819.1194
CHICAGO
A. Mirshkari and H. Baghestani, "Comparative Study of the Moral Damage of the Deceased in Islamic and Western Law," Research and development in private law, 2 3 (2025): 380-417, doi: 10.22034/jpl.2025.2053819.1194
VANCOUVER
Mirshkari A., Baghestani H. Comparative Study of the Moral Damage of the Deceased in Islamic and Western Law. Research and development in private law, 2025; 2(3): 380-417. doi: 10.22034/jpl.2025.2053819.1194
