Investigating the possibility of applying the price rule at the time of execution of the judgment in cash compensation

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Osta Mohamad Hosein; Esmaaeli Gholamreza

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2023 | Volume:87 | Issue:124 Page(s): 203-222

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Information Journal Paper

Title

Investigating the possibility of applying the price rule at the time of execution of the judgment in cash compensation

Author(s)

Osta Mohamad Hosein | Esmaaeli Gholamreza | Issue Writer Certificate

Keywords

Damage

during performance

delay in payment

full compensation for damage

Inflation

validity of the judgment

Abstract

This article investigates the feasibility of applying the rule of price at the time of execution of judgment in the method of cash compensation for Damages within the Iranian legal system. In the current economic situation, where Inflation significantly affects prices and the devaluation of the national currency results in greater Damage to the victims, the issue of updating compensations based on the price at the time of payment becomes highly significant. Utilizing a descriptive-analytical approach, the authors have provided legal and jurisprudential arguments for the acceptance and application of the criterion of "price at the time of judgment execution". They have demonstrated that existing laws in Iran have the capacity for such compensation for Damages. The present research, while analyzing the challenges and conflicts between different laws, examines legal solutions to address these issues and proposes an optimal procedure for compensating Damages based on the true value at the time of payment. The findings suggest that courts can compensate for the Damages resulting from payment delays with updated values, in line with the principles of full compensation and the rule of no harm, allowing the injured party to be restored to a similar position at the time of actual payment.

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