Delay in satisfaction of monetary obligations and its consequences(statute law analysis and jurisprudence case law review)
When a debtor does not perform his monetary obligation، there is no doubt that the creditor should be compensated. Nevertheless, the main question is what type of compensation should be provided. While in some cases, parties agree to a certain amount for damage, in some other cases, the interest is...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2019-04-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_9640_46b0bc2052c4c53bcebb0551f701ca07.pdf |
| _version_ | 1797375827863666688 |
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| author | Mostaffa i mohaghegh ahmadabadi homayoon rezaeinejad |
| author_facet | Mostaffa i mohaghegh ahmadabadi homayoon rezaeinejad |
| author_sort | Mostaffa i mohaghegh ahmadabadi |
| collection | DOAJ |
| description | When a debtor does not perform his monetary obligation، there is no doubt that the creditor should be compensated. Nevertheless, the main question is what type of compensation should be provided. While in some cases, parties agree to a certain amount for damage, in some other cases, the interest is defined as a legal interest by the law. Also in some occasions, damage is based on and limited to the inflation rate. The stipulated interest is qualified as usurious and is prohibited. The legal interest permits usurious agreements and hence, it has been abolished. Besides, inflation rate encounters with some problems, that is, it almost does not completely compensate the creditors. Thus, Iranian legal system and the jurisprudence have never achieved reasonable coherence in this case. In this article, the main question is about proper damages for late payment and it deals with question of whether domestic monetary depreciation will suffice. It seems that in the absence of legal interest, it is possible to apply the mechanism of judicial interest by which the full compensation will be fulfilled and the problem of usurious contracts could be avoided. |
| first_indexed | 2024-03-08T19:29:51Z |
| format | Article |
| id | doaj.art-d390e544eea54ca7a9a69e9b3d668614 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:51Z |
| publishDate | 2019-04-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-d390e544eea54ca7a9a69e9b3d6686142023-12-26T07:48:33ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322019-04-0172627130010.22054/jplr.2017.20703.15399640Delay in satisfaction of monetary obligations and its consequences(statute law analysis and jurisprudence case law review)Mostaffa i mohaghegh ahmadabadi0homayoon rezaeinejad1Professor of Private Law Department, at shahid beheshti university, Tehran, IRANPh.D. in Private Law at Tarbiat Modares University,Tehran, IRANWhen a debtor does not perform his monetary obligation، there is no doubt that the creditor should be compensated. Nevertheless, the main question is what type of compensation should be provided. While in some cases, parties agree to a certain amount for damage, in some other cases, the interest is defined as a legal interest by the law. Also in some occasions, damage is based on and limited to the inflation rate. The stipulated interest is qualified as usurious and is prohibited. The legal interest permits usurious agreements and hence, it has been abolished. Besides, inflation rate encounters with some problems, that is, it almost does not completely compensate the creditors. Thus, Iranian legal system and the jurisprudence have never achieved reasonable coherence in this case. In this article, the main question is about proper damages for late payment and it deals with question of whether domestic monetary depreciation will suffice. It seems that in the absence of legal interest, it is possible to apply the mechanism of judicial interest by which the full compensation will be fulfilled and the problem of usurious contracts could be avoided.https://jplr.atu.ac.ir/article_9640_46b0bc2052c4c53bcebb0551f701ca07.pdfmonetary obligationlate payment damagesusurylegal interestinflation ratejudicial interest |
| spellingShingle | Mostaffa i mohaghegh ahmadabadi homayoon rezaeinejad Delay in satisfaction of monetary obligations and its consequences(statute law analysis and jurisprudence case law review) Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī monetary obligation late payment damages usury legal interest inflation rate judicial interest |
| title | Delay in satisfaction of monetary obligations and its consequences(statute law analysis and jurisprudence case law review) |
| title_full | Delay in satisfaction of monetary obligations and its consequences(statute law analysis and jurisprudence case law review) |
| title_fullStr | Delay in satisfaction of monetary obligations and its consequences(statute law analysis and jurisprudence case law review) |
| title_full_unstemmed | Delay in satisfaction of monetary obligations and its consequences(statute law analysis and jurisprudence case law review) |
| title_short | Delay in satisfaction of monetary obligations and its consequences(statute law analysis and jurisprudence case law review) |
| title_sort | delay in satisfaction of monetary obligations and its consequences statute law analysis and jurisprudence case law review |
| topic | monetary obligation late payment damages usury legal interest inflation rate judicial interest |
| url | https://jplr.atu.ac.ir/article_9640_46b0bc2052c4c53bcebb0551f701ca07.pdf |
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