Investigation of contract annulment claims and claiming damages based on Iranian judicial procedure
Most of the lawsuits for annulment of transactions are in the form of two lawsuits for annulment of the contract and claiming the price and compensation at the daily rate. And, of course, in the courts, the procedure for these two types of litigation is different. In practice, there is also disagreement among judges on the use of invalid derivatives. Some judges believe in the calculation of compensation based on the day price and the transaction based on the The principle of full compensation.Others are based on the advisory theory of the Judiciary Legal Department, issue compensation orders based on the Central Bank's index for goods. The third category considers the calculation of compensation in terms of the decrease in the value of the price over time, due to the increase in the selling price. Finally, those judges who are based on the no-harm rule, According to all three issues, the transaction price of the seller or its type and the central bank index and the original price of the essay vote. A fair and equitable view and agrees with the description of the negotiations and the votes of the unity of procedure 733-15 / 7/93 and 811 - 1/4/1400, is the fourth view.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.