evolution of civil liability in french and iranian law with emphasis on recognition of non compensatory damages

نویسندگان

محمد حسن صادقی مقدم

دانشکده حقوق و علوم سیاسی، دانشگاه تهران جعفر نوری یو شانلوئی

دانشکده حقوق و علوم سیاسی، دانشگاه تهران

چکیده

among the more desired reforms of civil liability law, some appear as particularly useful. this is notably the case of the recognition of a new form of damages which call for the restitution, by the responsible party, of the proceeds he has derived from the illicit activity. another suggestion could consist of completing an already widely undertaken evolution towards a rationalization of the judicial indemnification of bodily harms. finally, the creation of group actions (class action) aimed at setting the framework for compensating mass damages would allow the sanctioning of a certain illicit behaviours which are not yet considered as such and the organisation of a compensation mechanism that is more egalitarian and less onerous than what is allowed in individual actions.

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