A Comparative Analysis of the Dimensions and Components of Non-Pecuniary Damages and Methods of Compensation in the Legal Systems of Iran and England

Abstract

Non-pecuniary damage refers to harm inflicted on a person’s non-financial interests, such as dignity, reputation, or emotions. This study aims to conduct a comparative examination of the claim for non-pecuniary damages and methods of compensation in the legal systems of Iran and England. By analyzing statutory provisions, judicial practices, and enforcement challenges in both systems, it was found that in Iran, compensation for non-pecuniary damages is primarily possible through the La Zarar rule and Article 14 of the Code of Criminal Procedure. However, the absence of clear criteria for assessment and the lack of non-monetary methods of reparation have created challenges. In England, the common law system, through judicial precedents and the use of both monetary and non-monetary remedies, provides a more coherent approach. The findings indicate that both systems have made progress in recognizing compensation for non-pecuniary damages, yet cultural and structural differences have resulted in divergent approaches to compensation and its implementation. Suggestions for improving practices have also been presented.