The Cause of Conflict in Opinions of the Guardian Council Regarding the Late Payment Damages

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Hajian Hani; SARKHOSH JAVAD; Akbari Dehnu Meysam

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Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2020 | Volume:9 | Issue:27 Page(s): 1-28

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Title

The Cause of Conflict in Opinions of the Guardian Council Regarding the Late Payment Damages

Author(s)

Hajian Hani | SARKHOSH JAVAD | Akbari Dehnu Meysam | Issue Writer Certificate

Keywords

Late Payment Damages

Guardian Council

Usury

Penalty Clause

Financial Ta’zir

Abstract

Regarding the Late Payment Damages, Iranian legislation has passed two steps: 1. The pre-revolutionary period 2-The post-revolutionary period of the Islamic Republic of Iran. During the first period, the legislature accepted the compensation for Late Payment Damages over various issues. After the revolution, the legitimacy or illegitimacy of the compensation for Late Payment Damages became the central issue for the legal jurisprudential society. Examining this question among the views and opinions of the Guardian Council is the basis of this paper so as to determine whether the Guardian Council has a stable view on this issue or the attitude over this subject has been different by changing the members. This article indicates, through the descriptive analytical method and based on the available data, the Council has always had a stable view in this regard based on the Usury nature of the Late Payment Damages. It is worth mentioning that in those minor cases where the Guardian Council has accepted the compensation for Late Payment Damages, strong jurisprudential and legal justifications can be raised, which ultimately leads to the partial acceptance of the compensation for Late Payment Damages.

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APA: Copy

Hajian, Hani, SARKHOSH, JAVAD, & Akbari Dehnu, Meysam. (2020). The Cause of Conflict in Opinions of the Guardian Council Regarding the Late Payment Damages. JOURNAL OF PUBLIC LAW KNOWLEDGE, 9(27 ), 1-28. SID. https://sid.ir/paper/385337/en

Vancouver: Copy

Hajian Hani, SARKHOSH JAVAD, Akbari Dehnu Meysam. The Cause of Conflict in Opinions of the Guardian Council Regarding the Late Payment Damages. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2020;9(27 ):1-28. Available from: https://sid.ir/paper/385337/en

IEEE: Copy

Hani Hajian, JAVAD SARKHOSH, and Meysam Akbari Dehnu, “The Cause of Conflict in Opinions of the Guardian Council Regarding the Late Payment Damages,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 9, no. 27 , pp. 1–28, 2020, [Online]. Available: https://sid.ir/paper/385337/en

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