The Judiciarys Law Journal

The Judiciarys Law Journal

Critical analysis of the uniform judicial precedent vote No. 805 The Plenary Assembly of the Supreme court

Document Type : Research/Original/Regular Article

Author
Ph.D. in Private Law, Law School, Mofid University, qom, Iran
Abstract
Based on the application of Article 230 of the Civil Law and the last part of Article 522 of the Civil Procedure Law approved in 1379, it is stated in the unanimous decision No. 805 dated 16 January 1399 that individuals can agree on more than "reduction in the purchasing power of money" and "monetary benefit". ; An analysis that makes money in its modern sense, which is considered as a means of exchange and public storage of the value of goods and services and a debt document of banks and governments, private individuals can create money for "nothing" alongside them. In this article, based on the principle of the necessity of uniting the case of debt with the case of surrender and that "natural benefit of money" is a separate thing from "decrease in purchasing power of money" and all of them are different from "usury", it was proved that the compensation of "decrease in purchasing power of money" And "natural interest (interest) of money" is considered one of the meanings of today's money. However, it is contrary to public order that the parties can agree on more than them. Because it leads to interference in the debt documents of governments and banks. Therefore, what is stated in the unanimous vote is subject to serious criticism. It is hoped that the judges of the Supreme Court will revise it in a new decision considering its inflationary effects.
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Volume 88, Issue 127
Winter 2025
Pages 31-58

  • Receive Date 02 July 2024
  • Revise Date 02 January 2025
  • Accept Date 20 January 2025
  • First Publish Date 20 January 2025
  • Publish Date 21 November 2024