THE EFFECTS OF THE MONETARY VALUE FLUCTUATIONS ON THE PECUNIARY DAMAGE COMPENSATION IN THE CIVIL LIABILITY PETITION

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AL SHARIF MOHAMMAD MAHDI; SAEIDI SOMAYYEH

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Paper Information

Journal: Islamic jurisprudence Resaerch Year:2015 | Volume:10 | Issue:4 Page(s): 791-822

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Title

THE EFFECTS OF THE MONETARY VALUE FLUCTUATIONS ON THE PECUNIARY DAMAGE COMPENSATION IN THE CIVIL LIABILITY PETITION

Author(s)

AL SHARIF MOHAMMAD MAHDI | SAEIDI SOMAYYEH | Issue Writer Certificate

Keywords

FUNGIBLE AND NON-FUNGIBLEQ2

ASSESSMENT TIMEQ2

THE AMOUNT OF LOSSQ2

FLUCTUATIONS OF THE MONEY VALUEQ2

THE AMOUNT OF COMPENSATIONQ2

Abstract

In the third stage of determining the lost property price, two difficulties appear: on the one hand, property price can change from the time of the liability realization till its payment time, so it is ne cessary to determine which time is the basis of calculating the property price. On the other hand, when one of the time phases are adopted, the question of money devaluation during the time is raised. That is, if the agent of loss is responsible for money devaluation during the time or she/he is merely responsible for the value of property in the time of usurpation, dissipation, or deliberate destruction? The importance of this issue gets more tangible when one notes the money devaluation during the time and the long process of judicial proceedings. The idea maintained and confirmed in this article is that in order to determine the amount of cash that must be paid to the injured party, first the mere loss should be determined without consideration of the money value fluctuations, i.e. based on the price of the lost property at dissipation or deliberate destruction time. Consequently, after specification of the property value, reduction or increase of the market price of the lost property does not change the amount of the debt. However, according to the recent precedents of the Tribunal, if the value of money is decreased up to the payment time, the debtor can be asked for compensating the money devaluation because of his role in its causation. Therefore, what the injured party is entitled to receive is the price of the lost property at dissipation or deliberate destruction time that must be updated up to the time of payment with respect to Consumer Price Index (CPI).

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APA: Copy

AL SHARIF, MOHAMMAD MAHDI, & SAEIDI, SOMAYYEH. (2015). THE EFFECTS OF THE MONETARY VALUE FLUCTUATIONS ON THE PECUNIARY DAMAGE COMPENSATION IN THE CIVIL LIABILITY PETITION. ISLAMIC JURISPRUDENCE RESEARCH, 10(4), 791-822. SID. https://sid.ir/paper/220942/en

Vancouver: Copy

AL SHARIF MOHAMMAD MAHDI, SAEIDI SOMAYYEH. THE EFFECTS OF THE MONETARY VALUE FLUCTUATIONS ON THE PECUNIARY DAMAGE COMPENSATION IN THE CIVIL LIABILITY PETITION. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2015;10(4):791-822. Available from: https://sid.ir/paper/220942/en

IEEE: Copy

MOHAMMAD MAHDI AL SHARIF, and SOMAYYEH SAEIDI, “THE EFFECTS OF THE MONETARY VALUE FLUCTUATIONS ON THE PECUNIARY DAMAGE COMPENSATION IN THE CIVIL LIABILITY PETITION,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 10, no. 4, pp. 791–822, 2015, [Online]. Available: https://sid.ir/paper/220942/en

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