Volume 20, Issue 1 (2016)
CLR 2016, 20(1): 45-75 |
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Rajaei F. Comparative Study of Time and place of damage assessment in The responsibility out of contract in Iran and Egypt Law. CLR 2016; 20 (1) :45-75
URL: http://clr.modares.ac.ir/article-20-12359-en.html
URL: http://clr.modares.ac.ir/article-20-12359-en.html
Abstract: (11011 Views)
Sometimes, determining the amount of damage and the time and place of its assessment in out-of-contract responsibilities is very difficult. Maybe the person who has incurred a loss does not claim damages or may not be able to do so immediately after the damage. Therefore, there might be a period from the presentation of the petition and compensation payment. Meanwhile, the value of money and the compensation payment might increase or decrease. Sometimes, the place of damage is different from that of petition and compensation payment, or the property is moved, which has different prices in different places; so, it is necessary to determine criteria for assessing the time and place of the damage. The present research is a library study, and the method employed is descriptive, analytical, and comparative. We first mention compensation payment and its practices, then according to the judicial procedure to determine the damage, the time and place of damage assessment in compulsory security and out-of-contract responsibilities have been examined comparatively in Iran and Egypt law are compared. Finally, it is concluded that in Iranian law, there is a difference between fungible and curator. In assessing the fungible in case of apology or loss, it is the price on the day of sentence execution and it is the last price. In curator properties, the day of sentence execution is determined. The assessment place is also determined based on the criteria of time, payment place, and sentence execution. Egyptian law does not differentiate between fungible and curator, and rather sets the day of sentence as the time criteria; place is not explicitly referred to either. The legal criteria of Iran are better as they are in line with the goals of civil liability.
Received: 2015/02/27 | Accepted: 2016/06/15 | Published: 2016/06/19
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