seyed mohammadmahdi mansouri tehrani

The code of “implementation way of monetary convictions enacted in 1377” in a stringent policy imposed the assumption on debtor’s solvency except proving insolvency. In order to that policy, in all kinds of debts, this code sanctioned the detention against the debtor as he refused to pay off the debt. Pursuant to the aforementioned, the code of “family protection enacted in 1391” in its article 22 adjusted that regulation about dowry claim. According to this article only the demand for to amount of 110 golds or the amount of dowries that equals 110 golds was included by the general system of the code of 1377 and the amount of dowry that is upper than what was mentioned was excluded from that general system. Ratification of “I.W.O.M.C enacted in 1394” and the explicit revocation of “I.W.O.M.C enacted in 1377” institutes a new system. This new system consists of the segregation between the debts that are preceded by acquiring property and the preliminary debts. The new system has reversed the burden of proof about the recent kind, in a way that about this kind, it has imposed the assumption on the debtor’s insolvency. Also, about the preliminary debts, according to this code, the sanction of detention is providing the proof of debtor’s solvency. By the ratification of this new system, permanence of the particular provision that is embodied in article 22 of the code of 1377, became vague.

The code of “implementation way of monetary convictions enacted in 1377” in a stringent policy imposed the assumption on debtor’s solvency except proving insolvency. In order to that policy, in all kinds of debts, this code sanctioned the detention against the debtor as he refused to pay off the debt. Pursuant to the aforementioned, the code of “family protection enacted in 1391” in its article 22 adjusted that regulation about dowry claim. According to this article only the demand for to amount of 110 golds or the amount of dowries that equals 110 golds was included by the general system of the code of 1377 and the amount of dowry that is upper than what was mentioned was excluded from that general system. Ratification of “I.W.O.M.C enacted in 1394” and the explicit revocation of “I.W.O.M.C enacted in 1377” institutes a new system. This new system consists of the segregation between the debts that are preceded by acquiring property and the preliminary debts. The new system has reversed the burden of proof about the recent kind, in a way that about this kind, it has imposed the assumption on the debtor’s insolvency. Also, about the preliminary debts, according to this code, the sanction of detention is providing the proof of debtor’s solvency. By the ratification of this new system, permanence of the particular provision that is embodied in article 22 of the code of 1377, became vague.

Based on the type of debt due to be based on rial or foreign currencies and also due to be documented by cheque or not, the late payment damage is divided into four categories. Among them, the case of late payment compensation of foreign currency debts documented by cheque is ambiguous. On one hand, the late payment damage has been assigned absolutely in the code of “issuance of cheque” and on the other hand, the calculation method of this compensation which is based on the announced index of central bank cannot be applied to the cheques that have been issued with foreign currencies. There’s a judgment within which the drawer is sentenced to pay the late payment damage in the way that the sum of cheque is changed from a foreign currency to rial. As to review the judgment, in this article it’s proved with several reasons that there’s no legal basis in Iranian current legal status for the late payment compensation of foreign currency debts whether documented by cheque or not.