نوع مقاله : نقد رای دادگاه حقوقی
عنوان مقاله English
نویسندگان English
One of the current issues in the Iranian legal system is the issue of currency devaluation; in 2000, the Iranian legislator, by enacting Article 522 of the Procedure Act of Public and Revolutionary Courts in Civil Affairs, took the initiative to set a regulation with the aim of compensating for currency devaluation. Aside from criticisms made concerning the aforementioned article, the application of this article to various tortious liability claims has always given rise to confusion and disagreement.Therefore, the main question facing the authors of this article is which judicial approach to the issue of devaluation of money in the field of tortious liability is necessary so as to be considered as acceptable. This article, by adopting a theoretical approach based on analysis of judicial decisions, while criticizing and theoretically justifying numerous judgments rendered by Iranian courts concerning the issue of devaluation of money in instances of civil liability, has judged the possibility or impossibility of the application of Article 522 of the Procedure Act of Public and Revolutionary Courts in Civil Affairs, and presented an acceptable approach by emphasizing distinction between debts and monetary obligations.Thus, considering the distinction between monetary debts and monetary obligations on the one hand and the authority of judges to determine the amount, method and quality of compensation for losses, relying upon Article 3 of the Civil Liability Law, on the other hand, non-contractual obligations fall outside the scope of Article 522 of the aforementioned Act, and the judge can order compensation for devaluation of money with greater generosity than for monetary debts.Various judgments have been rendered by the courts in line with this approach, which have been referred to and criticized in this article. Therefore, this article first addresses the distinction between debts and monetary obligation, then, respectively, destruction of property, causation, usurpation, unjust enrichment, negotiorum gestio and, finally, benefitting from the work or property of another person, as the most important examples of civil liability, have been examined in depth, criticized, and justified from the perspective of case law.
کلیدواژهها English
