The Judiciarys Law Journal

The Judiciarys Law Journal

Adjustment of the insufficient condition of the recognizance in light of the unanimous decision No. 811

Document Type : Research/Original/Regular Article

Authors
1 student of meybod uni
2 Associate Prof, Department of law, Faculty of Theology, Meybod, University, Meybod, Iran,
10.22106/jlj.2025.2013947.5480
Abstract
The validity of the obligation clause or compensation in the event of corruption and entitlement to non-revenue of the sold item has been a controversial issue in legal doctrine and subsequent judicial practice, with the issuance of unanimous decision No.811. The present study was written using a descriptive-analytical method to validate the obligation clause stipulated in the contract and the nature of this clause. It seeks to answer the question: if corruption is discovered after several years and the amount of damages determined by the parties is insignificant, is the buyer entitled to receive only this amount or is there a solution to demand compensation and the price on the day of sale (the subject of the unanimous decision No. 811) or the possibility of adjusting this amount. The findings of this study indicate that the condition of the recognizance in the contract is still valid despite the corruption of the original contract, and considering legal principles and foundations and in line with economic changes, the will of the parties to determine the amount of the recognizance should be considered for a reasonable period of time in proportion to the increase in the selling price and inflation; and not the discovery of corruption that becomes apparent several decades later. Accordingly, the will of the parties to determine a specific amount refers to the period of time during which, based on the specific or objective inflation index, this amount can compensate for the loss of the buyer's price decrease, and adjusting this amount based on the inflation index is not without merit.
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Volume 88, Issue 128
Spring 2025
Pages 151-169

  • Receive Date 20 October 2023
  • Revise Date 30 August 2024
  • Accept Date 11 February 2025
  • First Publish Date 19 February 2025
  • Publish Date 19 February 2025