Comparative Study of Payment Demur Compensation in Imamiyeh Jurisprudence, Iran's Law and Vienna 1980 Convention

Subject Areas : Private law

hossein ahamari ^{1 *} , parviz zokaeian ²

1 - واحد مشهد
2 - واحد چالوس

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Damage, Interest, Payment Demur, Payment Demur Damage,

Abstract :

Payment demur compensation is an old legal subject. After revolution, the jurists of guard council, on the basis of principle 4 of constitution, declared that damage for payment demur is not legitimate. After that, because of the enhancement of liquidity and inflation and damages on oblige for late approval, especially in banking affairs, the guard council was forced to review and accept the damage for late approval provided that receiving damages is required in agreement, if the obligor delays beyond due date. Finally, on 1379, legislator ratified the damage for payment demur in article 515 of civil procedure. In this article, merely the legal and jurisprudential Dimension of "damage for payment demur " in the laws of Iran and Vienna 1980 convention has been studied.