نوع مقاله : پژوهشی
1 دانشجوی دکتری حقوق خصوصی، دانشگاه آزاد اسلامی (واحد امارات متحدۀ عربی)، دبی، امارات متحدۀ عربی
2 استادیار گروه حقوق، دانشگاه آزاد اسلامی (واحد علوم الکترونیکی)، تهران، ایران
3 استادیار گروه حقوق خصوصی، دانشکدۀ حقوق قضایی، دانشگاه علوم قضایی و خدمات اداری، تهران، ایران
عنوان مقاله [English]
Law and justice are closely linked, and decisions that do not conform to justice Following the currency crises of 1993, 2002, 2012 and the recent foreign exchange crisis and the non-fulfillment of currency obligations in due time, the claim for a delay in payment of foreign currency, is one of the most complex and prevalent claims nowadays. The judicial precedent in this regard is not much clear. The origin of the dispute, results from the nature of the currency obligations and its non-prevalence essence. One stated comment (as the dominant view) suggests that the common currency mentioned in Article 522 of the Iranian Civil Procedure Code for Public and Civil Revolutionary Courts is limited and dedicated to the domestic currency money and does not include any foreign exchanges. The other opinion would suggest that this lawsuit is after all actionable. The same dispute exists in respect with the private agreement on determining the delay damage of payment obligations (including currency and Rial). By understanding the undeniable role of currency in the economic activities and the need to support foreign investment, it is essential to legally examine and review this claim and its reasons and justifications. It seems that the Article 522 of the mentioned law, which is cited by the courts, seeks to govern the power of the money and doesn’t include the determination of the contractual monetary obligation and the delay damage in payment in its strict sense. Therefor in the light of legal citations and documents which approve the claim of delay damages of payment and its basic philosophy, it is possible to hear these claims and decide upon it.