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      • Open Access Article

        1 - The damages of debt payment delay resulting from civil liability
        Ali Azizi ebrahim delshad maaref Mahdi Mirdadashi
        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 More
        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. Manuscript profile
      • Open Access Article

        2 - The Liability of the Guarantor Regarding the Damage of Payment Delay in case of Bankruptcy of the Main Obligor
        karim noormohamadi Reza Partovizade Benam
        One of the jurisprudential-legal issues that has been of great interest and the discussion about it has become very important today is that anyone who commits to something and does not fulfill his commitment on the due date, if the obligor suffers as a result of this de More
        One of the jurisprudential-legal issues that has been of great interest and the discussion about it has become very important today is that anyone who commits to something and does not fulfill his commitment on the due date, if the obligor suffers as a result of this delay. The obligor must compensate for the damages caused by the delay. If this obligation is common, the legislator has proposed the term "damage for delay in payment" regarding the bankruptcy of the obligor and the obligations of the guarantor and has made it subject to special conditions. The issue of late payment damages is one of the topics that has been raised in the field of jurisprudence and law, and in terms of discovery, it has brought with it many developments and legal positions from jurisprudence and legal authorities. On the one hand, it is very difficult to ensure economic order in today's world, without taking into account the delay penalty, and on the other hand, the suspicion that the said legal institution is against Sharia and the necessity of matching the legal regulations with the provisions of the Holy Sharia based on the fourth principle of the Islamic Republic Constitution. Iran demands more exploration around the mentioned issue. Manuscript profile