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Issue Info: 
  • Year: 

    2021
  • Volume: 

    7
  • Issue: 

    2 (14)
  • Pages: 

    181-206
Measures: 
  • Citations: 

    0
  • Views: 

    489
  • Downloads: 

    0
Abstract: 

Inside Delayed Payment Damages institution there are two categories of detriments; Detriment of inflation and loss of money profits. The study of the laws of other countries shows that most countries pay attention to both types of losses. But in the examined systems, detriment of inflation is not independently recognized, but under a single system of interest loss, both detriments are compensated. In our country legal system, according to Article 522 of the Civil Procedure Law, the concept of detriment in Delayed Payment Damages is based on the money inflation detriment, and the loss of money profits isn’ t recognized other than exceptional cases such as Riba-free Banking. Delayed Damages based on inflation is not only a obstacle in breaching a contract but also acts as encouraging factor. Whereas Delayed Damages based on average bank profit assists to protect the contracts and increases the cost of breach so that the debtor prefers to pay the debt on time and avoid paying the latter loss. In this research, while analyzing the relationship between the two losses with the Delayed Payment Damages, the moment of the interference of these losses is considered. In this regard, the time of the breach of obligation, the time of the demand and the time of the proceedings and the issuance of judgement has been expressed for the initial stage of the calculation of losses. Some legal systems apply only one of these sections, while others allow the court to choose on case issues, quality of Damages and compensation, in order to reach a better compensation.

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Author(s): 

MOHAMMADI MOHAMMADREZA

Issue Info: 
  • Year: 

    2013
  • Volume: 

    76
  • Issue: 

    80
  • Pages: 

    35-60
Measures: 
  • Citations: 

    0
  • Views: 

    4733
  • Downloads: 

    0
Abstract: 

According to Article 12 of Check Drawing Act, drawer of check can pay out funds of check and Delayed Payment penalty to the holder of check or provides causes of Payment of them, in the middle of criminal procedure, even after issuing definitive judgment, and thereby causes to cease the criminal procedure or enforcement of judgment. The Article makes this image that to cease criminal procedure or enforcement of judgment, the drawer must pay the Delayed Payment penalty with the funds of check whether the Delayed Payment penalty was claimed, according to rules of Civil Procedure Act, by holder of check or not. But on the base of civil nature of Delayed Payment penalty and the necessity of demanding of it, the Article 12 of Check Drawing Act must be applied when the holder of check has demanded the Delayed Payment penalty whit funds of check according to circumstances required by law. Therefore, in the case that the holder of check has not demanded Delayed Payment penalty, the criminal procedure will be stopped if the drawer of check pays out only the funds of check to holder, also if the funds is paid after issuing final judgment, the enforcement of the judgment will be stopped.

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Author(s): 

NOSRATI ALI

Issue Info: 
  • Year: 

    2020
  • Volume: 

    12
  • Issue: 

    21
  • Pages: 

    253-274
Measures: 
  • Citations: 

    0
  • Views: 

    943
  • Downloads: 

    0
Abstract: 

Option is one of the most important causes of dissolution of contracts, which has various types in the jurisprudence of Islamic religions and legal systems of the world. The option for Delayed Payment of the price is one of the types of options that are mentioned only in Imamiyyah jurisprudence and are believed by most Imamiyyah jurists and consequently it is mentioned in the civil law of the Islamic Republic of Iran and is existed in articles 402 to 409. Imamiyyah jurists have held to reports, consensus, the rule of negation of harm (prohibition of detriment) and presumption of continuity (Istishab) for proving the option of delay. This research by using a descriptive-analytical method based on the library method, tries while reviewing and criticizing the mentioned arguments to show that the incorrect option for Delayed Payment of the price and misusing it causes unfair income and wants to prove about Delayed Payment of the price which the sale is basically null and in fact the receipt in three days is the condition of the validity of the sale. Accordingly, a revision of Articles 402 to 409 of the Civil Code seems necessary.

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Journal: 

Issue Info: 
  • Year: 

    2021
  • Volume: 

    2
  • Issue: 

    4
  • Pages: 

    148-170
Measures: 
  • Citations: 

    0
  • Views: 

    170
  • Downloads: 

    0
Abstract: 

Transactions in the form of trade in goods have long been common And sometimes in such transactions one of two items of the same type that are of equal weight, On the other hand, it is exchanged in excess on one side and causes the realization of one of the types of usury called "exchange usury". There is also another type of increase in assets in transactions in which one party does not fulfill its obligation on time and as a result causes a loss to the other party and must compensate the damage caused by this delay, which is called "Payment delay compensation". Since both of these issues increase the other party's assets, In the present study, while examining the exchange usury, the conditions of its realization and comparing it with the compensation for late Payment in these respects, in response to the question that "Is obtaining compensation for late Payment one of the examples of usury and is it sanctity or legitimate like exchange usury? "Examining the prohibition of usury and also mentioning the reasons for the legitimacy of late Payment Damages, we came to the conclusion that although some consider imposing a penalty for late Payment as a trick to receive usury. However, several legal articles indicate its acceptance by the legislator, and it is considered legitimate by most jurists for various reasons, and it is not sanctity usury.

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Author(s): 

BAGHERI ASL HEIDAR

Issue Info: 
  • Year: 

    2014
  • Volume: 

    10
  • Issue: 

    1
  • Pages: 

    1-24
Measures: 
  • Citations: 

    0
  • Views: 

    1049
  • Downloads: 

    0
Abstract: 

The option of Delayed Payment of price is one of the factors of rescission of the types of sale. Although provisions of sale in the case of its Delayed Payment of price has predicted in 402 to 409 articles of civil law, but there are different inconsistent theories in Islamic law for the validity and Nullity of Sale in Delayed Payment of price and different evidences justify each theory. Regretfully mentioned the theories have not been studied by researchers, so that it can be seen a scientific gap in this issue. Hence the present paper has studied the theories of validity and nullity of sale in Delayed Payment of price and their evidences in a descriptive method and it has also shown the conformity and segregation of provisions of civil law with these theories and their evidences and it has found the validity of sale if there is Delayed Payment of price complying with the well-known view of jurisprudents and provisions of civil law and it has announced the view of jurisprudents which is not well-known in the nullity of sale unjustified, if there is Delayed Payment of price.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    9
  • Issue: 

    27
  • Pages: 

    1-28
Measures: 
  • Citations: 

    0
  • Views: 

    729
  • Downloads: 

    0
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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Issue Info: 
  • Year: 

    2020
  • Volume: 

    84
  • Issue: 

    109
  • Pages: 

    23-54
Measures: 
  • Citations: 

    0
  • Views: 

    1534
  • Downloads: 

    0
Abstract: 

Analyses on the Judicial Precedent regarding the Claims for Delay Damages of Currency Payment AbstractFollowing the currency crises of 1993, 2002, 2012 and the recent foreign exchange crisis and the non-fulfillment of currency obligations in due time is the claim for a delay in Payment of foreign currency which is one of the most complex and prevalent claims today. The judicial precedent in this regard is not established and is open to contrasting views. The origin of the dispute results from the nature of the currency obligations and its non-prevalence. One stated comment (as the dominant view) suggests that the common currency mentioned in Article 522 of the Civil Procedure Code for Public and Civil Revolutionary Courts has been dedicated to the domestic currency money and does not include any foreign exchanges and the other opinion would suggest that this lawsuit is actionable. The same dispute exists in respect with the private agreement on determining the delay damage of Payment obligations (including currency and Rial). In view of the undeniable exchange role and value of the currency in economic activities and the need to support foreign investment, It is essential to legally examine and review this claim and its reasons and justifications. It seems that the Article 522 of the mentioned law, which is cited by the courts, seeks to govern the purchasing power of the money and does not include the determination of the contractual monetary obligation and the delay damage in Payment in its strict sense, and in light of the legal citations and documents which approve of the claim in delay Damages of Payment and its basic philosophy, it is possible to hear the claim and decide upon it in favor of the on the Payment in foreign currency for the delay Damages in Payment.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    10
  • Issue: 

    20
  • Pages: 

    461-488
Measures: 
  • Citations: 

    0
  • Views: 

    38
  • Downloads: 

    0
Abstract: 

Addressing the issue of redressing damage or loss inflicted on one's possessions or property at the conclusion of their khums year is a crucial concern for businesspeople and merchants. Jurists, particularly later ones, have thoroughly examined various aspects of this issue. This article focuses on the central question: should the loss suffered by individuals during khums calculation be offset or compensated from their capital's profit, or should the khums, or one-fifth of the profit, be paid in full without addressing the loss? Employing a descriptive-analytic approach and scrutinizing the works of Imami jurists, this study identifies compelling reasons advocating for compensating losses from profits, emphasizing the absence of a distinction between loss and damage. It delves into the priority between loss and profit, distinguishing between the loss of the principal capital and profit loss. By evaluating the theories of Imami jurists, it advocates for the view that losses should indeed be compensated. Furthermore, utilizing practical principles such as the presumptions of barāʾa (exemption) and istiṣḥāb (continuity), it contends that losses or Damages should be rectified from the profit.

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    45
  • Issue: 

    1
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    257
  • Downloads: 

    0
Abstract: 

Based on automatic liabilities, general rules of transactions, juristic rules, and rules of principle of jurisprudence, the present research discusses and surveys lawfulness of demand of late Payment Damages. According to such essentials, one can assert that money is not merely a fungible property to be treated only on the basis of rules and effects of fungible properties; rather, one can make judgment that late Payment Damages caused by depreciation of monetary value should be indemnified even beyond conditions mentioned in the article no.522 of principles of civil litigation due to analogies made between money and merchandise as well as procrastination and usurpation, destructing others’ properties, preparing grounds for damaging others, juristic rules of “there is no damage in Islam, ”negation of hardship, prohibition of consumption of others’ properties in vanity, etc. on the one hand and such definite religious principles as justice, negation of ignorance in contracts, fulfillment of promises as well as judgment of the custom, public interest, and this fact that nature of credit monies is nothing but purchasing power. Making such religious judgment seems necessary, for the modern era has its own necessities and limiting religious precepts to appearance of religious proofs as well as jurists’ verdicts would allow opponents to blame the perfect, thorough Islamic law as being insufficient and fanaticism.

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Author(s): 

TALEIZADEH A. | HASANI M.

Issue Info: 
  • Year: 

    2016
  • Volume: 

    49
  • Issue: 

    2
  • Pages: 

    223-235
Measures: 
  • Citations: 

    0
  • Views: 

    1352
  • Downloads: 

    0
Abstract: 

The traditional economic production quantity (EPQ) model assumes that during the production process no imperfect item is produced. But in the real production system, due to imperfect production process or other factors, imperfect quality items may be produced. Furthermore, it is well-known that the total production-inventory costs can be reduced by reworking the imperfect quality items produced with a smaller additional reworking and holding costs. In addition, the permissible delay in Payments offered by the supplier is widely adopted in the businesses. In this study, we explore the effects of both reworking imperfect quality items and trade credit policy on the EPQ model with imperfect production processes and backlogging. A mathematical model considering reworking and shortage costs, interest earned and interest charged in addition to traditional inventory costs is developed. Besides an arithmetic-geometric mean inequality method is employed and an algorithm is developed to find the optimal production policy. Furthermore, some numerical examples and sensitivity analysis are provided to demonstrate the applicability of proposed model.

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