Critical analysis of the basis of unanimous decision 811 of the General Board of the Supreme Court

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Sadeghian Mahdiye; Ziaoleslami Ali; Sadeghirad Mehdi

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Journal Paper

Paper Information

Journal: Legal Research Year:2024 | Volume:27 | Issue:107 Page(s): 255-274

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Information Journal Paper

Title

Critical analysis of the basis of unanimous decision 811 of the General Board of the Supreme Court

Author(s)

Sadeghian Mahdiye | Ziaoleslami Ali | Sadeghirad Mehdi | Issue Writer Certificate

Keywords

entitled to another rightQ4

zaman darakQ4

priceQ4

unanimous vote 733Q4

unanimous vote 811Q4

Abstract

According to the unanimous decision 811 of the General Board of the Supreme Court, in case of being entitled to another right of transaction item and Issuance of a verdict of invalidity, the seller must bear the compensations to the buyer, including the reduction of the value of the price, and if the price is the common currency of the country, the court will determine the amount of the compensation Based on the increase in the price of similar properties. The General Board of the Supreme Court did not mention the legal basis of the provision contained in this decision, but from the detailed study of the Supreme Court's deliberations and the theory of the prosecutor's representative and the writings of jurists, the reference to the two bases of Tasbib and fairness and justice can be considered more prominent; However, according to the authors, none of these bases can be considered as the basis for issuing this decision, rather, this decision is an exceptional and heretical regulation that is inconsistent with the foundations of Iran's legal system.

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