Content analysis of the principles of civil liability resulting from understanding the subject of the transaction in Iranian judicial practice

The guarantee of understanding is the responsibility of the seller for the price he has received. If the seller of the property is not. The aim of this study was to explain the basis of civil liability resulting from understanding the subject of the transaction in Iranian judicial practice.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Examination of judicial procedure shows; Where the court sentences the seller to refund the price and damages for late payment based on the central bank rate index, he pays more attention to the coercive basis of his responsibility. However, courts that order the seller to pay the price of the seller's day are liable for more damages on the basis of contract;

Judicial practice has accepted the principle of compensation, either as a condition of the contract or as civil liability. However, regarding the amount of compensation, the judicial procedure did not have access to a single opinion and some believe in the return of the original price in addition to indemnities including registration fee and home office and some return the price plus compensation for late payment based on inflation rate and some calculate the price according to the daily price. The resulting property has two different bases. Judicial practice is divided on the basis of civil liability arising from the understanding of the subject matter of the transaction