نوع مقاله : معرفی رای الگو
عنوان مقاله English
In prevailing judicial practice, when a claim is brought for compensation arising from the transfer of property not rightfully belonging to the seller, courts typically award damages based on the value of the property at the time the judgment is issued. However, a considerable gap may exist between the date of judgment and its enforcement, during which the awarded amount may significantly lose its real value. As a result, the claimant is often forced to initiate a separate lawsuit for damages caused by delay in payment, calculated according to the Central Bank’s official inflation index. This approach is problematic: not only does the official index fail to reflect the actual rate of inflation, thereby leaving the claimant’s real loss uncompensated, but it also imposes the burden of additional litigation. To prevent such adverse consequences, the selected judgment adopts a more effective solution: in addition to awarding the appraised value of the property at the time of judgment, the court also orders payment of its appraised value at the time of enforcement. This ensures that, in the event of delayed payment, the claimant’s actual loss is covered, while also eliminating the need for subsequent litigation. Such a judicial approach is therefore both efficient and commendable.