Critical analysis of the basis of unanimous decision 811 of the General Board of the Supreme Court

Document Type : Original Article

Authors

1 Ph.D., Faculty of Administrative Sciences & Economics, University of Isfahan, Isfahan, Iran Corresponding author

2 Ph.D., Faculty of Administrative Sciences & Economics, University of Isfahan, Isfahan, Iran

3 Ph.D. Candidate, Faculty of Theology, Meybod University, Meybod, Iran

Abstract

According to the unanimous decision 811 of the General Board of the Supreme Court, in case of being entitled to another right of transaction item and Issuance of a verdict of invalidity, the seller must bear the compensations to the buyer, including the reduction of the value of the price, and if the price is the common currency of the country, the court will determine the amount of the compensation Based on the increase in the price of similar properties. The General Board of the Supreme Court did not mention the legal basis of the provision contained in this decision, but from the detailed study of the Supreme Court's deliberations and the theory of the prosecutor's representative and the writings of jurists, the reference to the two bases of Tasbib and fairness and justice can be considered more prominent; However, according to the authors, none of these bases can be considered as the basis for issuing this decision, rather, this decision is an exceptional and heretical regulation that is inconsistent with the foundations of Iran's legal system.

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Legal Research Quarterly
Volume 27, Issue 3 - Serial Number 107
November 2024
Pages 255-274

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History

  • Receive Date: 03 December 2022
  • Revise Date: 16 February 2024
  • Accept Date: 21 February 2024

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