A study of methods for balancing parties rights in inflating
Author(s):
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Inflation affects fulfillment of financial obligations or non-financial contracts with financial effects such as marriage portion in marriage contract. Inflation renders fulfillment of obligations sometimes impossible or delayed and sometimes with great distress and constriction. Solutions must be devised in such conditions for just interpretation and execution of contract and prevention of abuse of right by the obligee as abuse of right is prohibited (Principle 40 of the Constitution law and Doctrine of LA ZARAR). Means such as cancellation of contract by the obligor using option of impossibility of submission of consideration, granting just deadline to the obligee, adjustment of contract, claim of delay damages or day price in delayed monetary obligations can help balancing between the parties' rights. However, it must be taken into account that making contractual conditions just needs to be in compliance with valid legal principles. Also, a solution for a legal issue is not necessarily similar to the other one due to the special relativity of humanities in general and law in particular and the fact that justice is a relative, flexible and fragile concept.
Keywords:
Language:
Persian
Published:
The Judiciary Law Journal, Volume:83 Issue: 107, 2019
Pages:
95 to 111
https://magiran.com/p2095940