نوع مقاله : مقاله علمی ترویجی
نویسنده
استاد یار دانشگاه حکیم سبزواری، سبزوار
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Sometimes the Promisor inflicts a damage to the promisee as a result of non-performance of the promise (Whether the act or omission) and the consequence of violation of this contractual liability is compensation. Sometimes the amount and method of compensation is determined by agreement of the parties (including agreement before occurrence of the damage or after it) in which the agreement is followed. But sometimes the amount and method of compensation is determined by the court and official experts; in these cases the place and time element is important, because on the one hand the promisee may fail to claim the compensation as soon as the damage is inflicted and a time elapses from infliction of the damage to delivering the petition, while in the meantime the value of money fluctuates. On the other hand, the verdict is not issued as soon as the petition is submitted. Sometimes the place of damage is different from the place of petition submission and judgment. Given the importance of this issue, this writing has comparatively between the Iranian and Egyptian law studied the methods of Contractual compensation and the time and place of its estimation and concluded that according to the Iranian law the time of assessment of the properties is the time of implementation of the final decree and its estimation place in moveable properties based on the time criterion is the place of implementation of the decree and in immoveable properties is their place. The Egyptian law has determined the day of issuance of the decree as the time of assessment and has no explicit statement about the place of moveable properties and has determined their location as criterion for immoveable properties. The criterion determined by the Iranian law is more appropriate, since it better fulfills the purpose of compensation.
کلیدواژهها [English]
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