نوع مقاله : نقد رای دادگاه حقوقی
عنوان مقاله English
نویسندگان English
One of the topical issues in Iran’s legal system is the depreciation of money. In 1379 (2000), the Iranian legislator, by enacting Article 522 of the Civil Procedure Code of the General and Revolutionary Courts (Civil Matters), introduced a provision aimed at compensating for the loss in the value of money. Apart from the criticisms directed at the said article, its application to various claims of civil responsibility has consistently caused divergence in case law. Accordingly, the principal question addressed by the authors is: which judicial approach to currency depreciation in civil responsibility ought to be approved? Employing an analytical–descriptive approach and a library-based method, the authors, while critiquing numerous decisions of Iranian courts on currency depreciation in the context of civil responsibility, assess the (im)possibility of applying Article 522 of the aforementioned Civil Procedure Code, and endorse an approach based on the distinction between monetary debts and monetary obligations. Thus, in light of (i) the distinction between monetary debts and monetary obligations, on the one hand, and (ii) the discretion of Iranian judge pursuant to Article 3 of the Civil Liability Act to determine the amount, method and mode of compensation, on the other, non-contractual obligations fall outside the scope of Article 522 of the said law; accordingly, the judge, exercising broader discretion than in cases of monetary debts, may order compensation for currency depreciation. Various judicial decisions consistent with such approach have been issued, and the present article refers to and criticize them. Accordingly, this article first addresses the distinction between monetary debt and monetary obligation, clarifying their respective legal characteristics and implications for the assessment of damages. Thereafter, Destruction of Property, Causation, Usurpation, Unjust Enrichment, and Negotiorum Gestio will, in turn, be subjected to in-depth examination and critique as the most significant instances of civil responsibility, with particular attention to their treatment in judicial practice.
کلیدواژهها English
