Compensation of Moral Damages caused by the Breach of Contract

Ebrahim Shoarian
Legal Research Quarterly, Shahid Beheshti University, Issue54, Summer2011, Pages 367-415.


In our legal literature, the claim for non-pecuniary damage has been studied in the realm of coercive liability and for unknown reasons, its compensation in the field of contractual liability has not been studied much. The present study shows that the compensation of psychological damage caused by breach of contract is of great importance and with a comparative study, new perspectives on domestic law can be proposed. The enactment of regulations on the need to compensate for psychological damage caused by breach of contract, in important international instruments such as "UPICC" and "PECL" also shows the need for comprehensive respect for human spiritual dignity. The results of the research show that the compensation of moral damages in many contracts under special conditions has been approved by the jurisprudence of the studied countries.


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