Rethinking The Methods of Balancing Parties Rights in Inflation Situation

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Badini Hasan; Khakbaz Mohammad

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2019 | Volume:83 | Issue:107 Page(s): 95-111

Download Full-Text

Persian Verion

View:

711

Download:

Cites:

Information Journal Paper

Title

Rethinking The Methods of Balancing Parties Rights in Inflation Situation

Author(s)

Badini Hasan | Khakbaz Mohammad | Issue Writer Certificate

Keywords

InflationQ2

Fulfillment of obligationsQ1

Balance of rightsQ2

JusticeQ2

Abstract

Inflation affects fulfillment of financial obligations or non-financial contracts with financial effects, such as marriage portion. Inflation makes Fulfillment of obligations impossible to achieve or to be reached by delay or be done with distress and constriction. It’ s essential to give Solutions so that the interpretation and execution of contract in a just way is guaranteed and prevents any abuse of individual’ s rights (As mentioned in Principle 40 of the Iranian Constitution and Doctrine of “ La Zarar” ). Means such as cancellation of contract by the obligor using option of impossibility of submission of consideration, granting just deadline to the obligee, adjustment of contract, claim of delay damages or day price in delayed monetary obligations, all may help crate balance between the parties' rights. However, it must be taken into account that making contractual conditions just needs to be in compliance with valid legal principles. Also, a solution for a legal issue is not necessarily similar to the other one due to the special relativity of humanities in general and law in particular and the fact that Justice is a relative, flexible and fragile concept.

Cites

No record.

References

No record.

Cite

APA: Copy

Badini, Hasan, & Khakbaz, Mohammad. (2019). Rethinking The Methods of Balancing Parties Rights in Inflation Situation. THE JUDICIARY’S LAW JOURNAL, 83(107 ), 95-111. SID. https://sid.ir/paper/137888/en

Vancouver: Copy

Badini Hasan, Khakbaz Mohammad. Rethinking The Methods of Balancing Parties Rights in Inflation Situation. THE JUDICIARY’S LAW JOURNAL[Internet]. 2019;83(107 ):95-111. Available from: https://sid.ir/paper/137888/en

IEEE: Copy

Hasan Badini, and Mohammad Khakbaz, “Rethinking The Methods of Balancing Parties Rights in Inflation Situation,” THE JUDICIARY’S LAW JOURNAL, vol. 83, no. 107 , pp. 95–111, 2019, [Online]. Available: https://sid.ir/paper/137888/en

Related Journal Papers