جستجوی مقالات مرتبط با کلیدواژه « inflation rate » در نشریات گروه « فقه و حقوق »

According to the theory of social control, having a job is time-consuming and a person who has a job will not have time to engage in crime, if he suffers from a strong external constraint, he will choose an aggressive act or Homicide. The aim is to evaluate the effect of the unemployment index on the occurrence of Homicide between countries for 24 selected countries and to estimate its regression separately for Iran and compare the results. The research method is a descriptive survey. The statistical population is all the countries of the world. The sample size is 23 developed countries and Iran. The sampling method is a survey. The variables of human development degree, inflation rate, unemployment rate and percentage of urban population have been used. The data were extracted from the Human Development Report of the United Nations, the World Bank and the World Health Organization during the period of 1990-2018 and the economic model of Homicide was estimated from the balanced panel data technique. The findings showed that the variable coefficient of the percentage of the urban population is meaningless and a disturbing variable, so it was removed from the model. The results of the re-estimation of the model showed that the human development index of the countries has the greatest effect on the occurrence of Homicide and the unemployment rate and the inflation rate are in the next categories respectively. The comparison of the results showed that the unemployment rate coefficient is more than three times the inflation rate coefficient, the importance of the unemployment rate in preventing murder is greater than inflation. The estimation results of the model for Iran are completely consistent with the regression results obtained for the group of countries. In Iran, the unemployment rate is higher than the group of countries.

Despite long history of fixed fine in Iran, this punishment is not an appropriate one due to the impact of inflation on it; especially, Because, according to the legality of punishment, adjustment of fine must be done by legislature and legislation is a lengthy process. Accordingly, many fines remained unchanged for years and their deterrence was disappeared. Fortunately, Finally the legislature by "predicting the criteria for adjustment in law", was, while observing the above principle, able to secure the Guardian Council's opinion about principle 85 of the Constitution in assignment of adjustment to non-legislative institutions. In this Article, by extracting the legislature approaches about adjustment, the criteria and challenges of these approaches were studied and it was observed that prediction of adjustment by non-legislative institutions, because of ambiguities and contradictions of these acts and optional nature of adjustment by non-legislative institutions, could not solve the problem of adjustment by legislation.

When a debtor does not perform his monetary obligation، there is no doubt that the creditor should be compensated. Nevertheless, the main question is what type of compensation should be provided. While in some cases, parties agree to a certain amount for damage, in some other cases, the interest is defined as a legal interest by the law. Also in some occasions, damage is based on and limited to the inflation rate. The stipulated interest is qualified as usurious and is prohibited. The legal interest permits usurious agreements and hence, it has been abolished. Besides, inflation rate encounters with some problems, that is, it almost does not completely compensate the creditors. Thus, Iranian legal system and the jurisprudence have never achieved reasonable coherence in this case. In this article, the main question is about proper damages for late payment and it deals with question of whether domestic monetary depreciation will suffice. It seems that in the absence of legal interest, it is possible to apply the mechanism of judicial interest by which the full compensation will be fulfilled and the problem of usurious contracts could be avoided.

This essay is an analytical approach to article 522 of The Iranian Civil Procedure Code ,with a historical study of the old regulations. In the first place,the “delayed payment penalty” in the The Civil Code and the abrogated Civil Procedure Code as well as the approach of Islamic jurisprudence (Fatwa)are discussed .It has also been emphasized that article 522 of the present Civil Procedure Code is different from “delayed payment penalty” in the abrogated rules which also exist in international trade law or French and German legal systems.Therefore , this is a new discourse in the Iranian law and cannot be compared with the old notion, I.e the” delayed payment penalty”. The new notion can be applied against the“nominal value of money “rule, mentioned for example, in article 1875 of the French Civil Code. This new discourse can be referred to as “money adjustment” which means if the debtor refuses to pay,after a demand by the creditor,he or she must pay damages equivalent to the inflation rate from the time the demand is made till the time the real payment is made,based on what is called the “Central Bank Index” announced each year by The Central Bank of Iran.

Many jurists consider receiving money more than the real debt as usury and haram; nevertheless, some of them allow the condition of receiving money as late payment penalty and treat it apart from usury. The legislator’s viewpoint is not clear; however, there is no logical limit for the agreement on receiving such damage, even over inflation rate, since the purpose of this solution is mainly to force the debtor to pay the debt on time without extending the payment. Even some of the viewpoints of Guardian Council allow receiving the foregoing damage conditionally. The credit of such an agreement of the legislator’s viewpoint is problematic and at least challenging because the legislation records, exceptional treatment of the matter specially note 2 article 515 Civil Procedure Code, authorize claiming the late agreement damage as a specific rule by separating late payment damage from general rules for other damages. This indicates that the concept and nature of law still do not allow receiving money over the inflation rate under any title but the stipulated cases, a position which needs correction and clarification.