Legal Review of Damages in Non-Refundable Transactions in Iranian and French Law
It is necessary to refund the transaction price and if the customer is ignorant of the corruption, the vendor should afford to pay the customer the compensation. There is a lack of consensus on the basis and precise definition of these compensations. Regarding the basis, some invoke that the corrupt sale has no effect on the acquisition and that is why the perception liability created is not a result of the contract, while it can be said that the perception liability is a kind of implied warranty in the relationship between the ignorant customer and the vendor and can have the effect of the contract. Also, there is a disagreement about instances of paying the compensation. The reason for this disagreement is an understanding of the concept of usury and depreciation of money. Depreciation of money means reduced purchasing power of money due to economic conditions and means that the customer could not refund more than a nominal price they paid as the transaction price. However, to be fair, total reduced value should be paid to the ignorant customer. Now, with a change in attitude in the judicial procedure, the reduced purchasing power of the property can be calculated as compensation for the depreciation of money.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.