Volume 17, Issue 4 (2014)                   CLR 2014, 17(4): 1-20 | Back to browse issues page

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Ahmadi-far* R. Compensations by the Consumer in the Case of Disproof by the Owner. CLR. 2014; 17 (4) :1-20
URL: http://clr.modares.ac.ir/article-20-7011-en.html
Assistant Professor of Business Administration, Civil Law, University of Malayer, Hamadan, Iran
Abstract:   (11612 Views)
 to the customer in unauthorized sales. The present article aims to answer the question through a study on Islamic jurisprudence, as well as the laws of Iran, Egypt and France. The results showed that customer compensation is obscure and unclear in Iran laws, and a precise criterion has not been presented for determining it, and the judicatories have not a single procedure in this regard. In Egypt laws, customer compensations include: the value of the object of sale at the time of discovering the evidence of unauthorized sale, lawful interests of the price of the object of sale from the time of discovering the all expenses of the contract, all costs of the object of sale, and all trial expenses.  Finally, according to France laws costumer compensations include: the price of the object of sale at the time of dispossession, expenses of the contract, costs of the object of sale, and trial expenses. The comparison of the above sources offers some criteria for customer compensation in unauthorized transactions based on Iran laws: claiming contract expenses and also the expenses related to the object of sale, the price of the contract at the time of discovering the evidence of unauthorized transaction including its lawful loss from the time of discovering, claiming the possible obtainable interests, and trial expenses.  
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Received: 2013/12/10 | Accepted: 2014/03/19 | Published: 2014/03/21

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