چکیده:
Stigma damage is one of the new kind of uncertain damages which cannot be determinated with absolute or mathematical certainty and should be determinated based on the reasonable certainty. In recent decades, it has been accepted as a compensable damage in most United States courts in order to achieve the principle of full compensation. This loss refers to the attribution of a negative or harmful condition to the property, which is ultimately reflected in the price of the property and reduces its market value. This article tries to introduce this new damage in the US legal system with a descriptive-practical manner in order to familiarize researchers with it and possibly reform the laws in the field of damages in the Iranian legal system. The findings of this study show that despite the uncertainty in determining the extent of this damage, it is possible to evaluate and calculate it more accurately based on some indicators. It also seems that the Iranian legislator can legislate in this regard by relying on Articles 1 and 3 of the Civil Responsibility Code and also based on the well-known rule of “No Loss” rule in Islamic jurisprudence.
خلاصه ماشینی:
What is considered in this writing is the credibility and reputation of property, and the damage caused to it is raised under the title of “Damage caused by property disrepute,” which means the attribution of a negative matter or a detrimental situation to financial credibility (including movable and immovable property), which negative matter - according to some authors (835: 1998, Cline & Vale) - is like an “ominous shadow” (Ominous shadow) affects the value of the property and ultimately leads to a decrease in its transactional value in the market (1: 2015, Anderson).
Among the cases that cause disrepute in property, environmental pollution is the most important and common subject for claiming this damage; especially after the enactment of the Comprehensive Environmental Response, Compensation and Liability Act 2 in the United States, the use of this term in laws and regulations, legal academic works, and judicial rulings has increased sharply (221: 2003, Warren & Lusvardi), to the extent that today this term is more used for properties that have been contaminated or are located in proximity to contaminated properties.
Despite the simplicity of using this method, as well as its accuracy and transparency, and also determining the damage based on existing market realities, some authors believe that in the case of some properties - especially in environmental cases - using this assessment method is not possible, because it is rare to find properties that are completely similar both in terms of the characteristics of the property itself – such as geographical, economic, physical specifications, functional, etc.
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