نوع مقاله : علمی پژوهشی
نویسندگان
1 استاد گروه حقوق خصوصی و اسلامی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران.
2 دانشجوی دکتری حقوق خصوصی و اسلامی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
An important but neglected aspect of our law is the issue of assessment of monetary debts until maturity. The principle of Nominalism is believed to have served as a barrier to any change in the quantum of monetary debt. Additionally, the origin and extent of the legal influence of this principle have not been adequately examined. As a result, the main issue that the authors of this article must address is how far this principle has legal influence, and if it cannot be applied, what will be the alternative criteria? Based on analytical and descriptive methods, library resources, and a comparative approach to English and Iranian Law, the authors conclude that the principle of Nominalism's scope of application is confined to monetary debts and not to monetary obligations, and said principle is applied only during the period when monetary debts come to existence until their maturity. While its application to monetary debt is not absolute, it will not apply if staggering and unbridled inflation do not occur. in this case, an objective or subjective criterion for measuring inflation, based on the implicit or assumed intent of the parties, shall be an alternative to the initial assessment by the parties. However, relying on the objective criterion of inflation that expresses the average increase in the price of goods and services cannot be an all-encompassing solution to compensate for the actual decrease in the value of the subject of the transaction. Therefore, using subjective criteria that compensate for the decrease in value of the subject of the transaction is a more appropriate solution, and its application is permitted in our law in certain circumstances. Thus, relying on its rationale, its application can be extended to similar cases, such as commercial contracts, as far as possible.
کلیدواژه‌ها [English]
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