Analysis of the Theoretical Bases of the Supreme Court Decision as a Unified Judicial Precedent No. 733

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Ghanavaty Jalil; Ramezany Jafar; Borhan Mojarrad Mohsen

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Journal: Jurisprudence and Fundamentals of Islamic Law Year:2019 | Volume:52 | Issue:1 Page(s): 145-162

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Information Journal Paper

Title

Analysis of the Theoretical Bases of the Supreme Court Decision as a Unified Judicial Precedent No. 733

Author(s)

Ghanavaty Jalil | Ramezany Jafar | Borhan Mojarrad Mohsen | Issue Writer Certificate

Keywords

the value of moneyQ2

inflationQ2

the guarantee for compensationQ1

gharamat (compensation)Q2

Abstract

When the law falls behind the evolution of society, the judicial system acts as a supplement to fill the gaps somehow. In a society where inflation is under control, and price changes and market fluctuations are so insignificant that they are not noticed by the common man, decision to restore the only contract price where the subject matter is belonging to another person is rational and defensible. But in a society where the economy is chronically ill and the price sharply fluctuates, such a decision is cruel and unjust. Some judges based their judgements on the generalization of the concept of "gharamat" (compensations) and decided according to inflation rate to compensate the rightful owner by obligating the unauthorized salesman to pay the money, and another group of judges based their decision on price date of subject matter according to expert opinion. In this article we show that the unified judicial precedent has ratified only the latter view which is accordant with justice, equity, deceptive and no harm rules.

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APA: Copy

Ghanavaty, Jalil, Ramezany, Jafar, & Borhan Mojarrad, Mohsen. (2019). Analysis of the Theoretical Bases of the Supreme Court Decision as a Unified Judicial Precedent No. 733. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 52(1 ), 145-162. SID. https://sid.ir/paper/198455/en

Vancouver: Copy

Ghanavaty Jalil, Ramezany Jafar, Borhan Mojarrad Mohsen. Analysis of the Theoretical Bases of the Supreme Court Decision as a Unified Judicial Precedent No. 733. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2019;52(1 ):145-162. Available from: https://sid.ir/paper/198455/en

IEEE: Copy

Jalil Ghanavaty, Jafar Ramezany, and Mohsen Borhan Mojarrad, “Analysis of the Theoretical Bases of the Supreme Court Decision as a Unified Judicial Precedent No. 733,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 52, no. 1 , pp. 145–162, 2019, [Online]. Available: https://sid.ir/paper/198455/en

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