The damages of debt payment delay resulting from civil liability

Subject Areas : فقه و مبانی حقوق

Ali Azizi ¹ , ebrahim delshad maaref ² , Mahdi Mirdadashi ³

1 - Private Law- Islamic Azad University- Qom - Iran.
2 - Assistant Professor, Department of Private Law, Qom Unit, Islamic Azad University, Qom, Iran.
3 - Assistant Professor, Department of Private Law, Qom Unit, Islamic Azad University, Qom, Iran.

Received: 2016-12-25 Accepted : 2017-02-20 Published : 2017-04-21

Keywords: payment delay damages, Civil liability, debt resulting from indemnity, delay losses,

Abstract :

This thesis applies an attempt to find out whether the damages of payment delay include debts resulting from civil responsibility with the article 522 Gh. A. D.M. In this regard, we faced to two basic questions and tried to have persuasive answers to them. Some believe that the damages of payment delay belong to debts resulting from civil responsibility because debt should be paid in all situations and there should be no distinction. According to the principle of the full compensation for damages in civil liability, the damages of debt payment delay resulting from civil liability can be claimable. Others consider the claim of such damages undue. Among these two points of views, it can be believed that the damages of payment delay include debts resulting from civil liability. However, the beginning of payment delay estimation is not the time of damages occurrence, but it is the time of issuing court judgment that has acquired the conditions of civil liability implementation.