Evaluation Criteria "Corporal Injury"; Fixed or Case Evaluation System; A Comparative Study in Islamic, Iranian, French and English Law

In this article, the criterion for assessing corporal injury has been comparatively examined in Islamic, Irania1n, French and English law. The fundamental question is, for the evaluation of corporal injury, should a fixed assessment system or a case by case system be adopted, and which one is more efficient and better serves the purpose of civil liability? By a descriptive-analytical research method and by studying in different legal systems, it was concluded that in French and English law, a case evaluation system is used to evaluate corporal injuries and Islamic and Iranian law has accepted a fixed evaluation system to evaluate such injuries. However, the study of the types of compensable damages in corporal injuries and legal analysis of the issue shows that in this context we should differentiate between "corporal injury specifically" (loss of life or limb or senses), and "financial and non-financial losses arising out of corporal injuries (material and moral damages caused by corporal injury). In regard to the first type, a fixed evaluation system and concerning the second type, the case evaluation system for the evaluation of corporal injuries should be accepted.