Document Type : Original Article
Authors
1 Master Student of oil & gas law at the Faculty of Law and Political Science, University of Tehran
2 Associate Professor of Law School of Shahid Beheshti University
3 PhD student in private law, Faculty of Humanities, Islamic Azad University (North Tehran Branch)
4 Master's student in Economic Law, Faculty of Law, Shahid Beheshti University
Abstract
Article 522 of the Civil Procedure Code of Iran, enacted in 2000, establishes the conditions under which compensation for delayed payment (khesarat-e takhir-e tadiyeh) can be claimed based on the annual price index changes from the date of demand. Despite the clarity of this article regarding the proper method for calculating such compensation and the provision of necessary indices by the Central Bank of Iran, discrepancies in judicial interpretations have emerged. These discrepancies stem from the varied indices provided by the Central Bank in different columns, leading some courts to adopt the average annual price index of the previous year as the basis for calculation. This inconsistency in judicial practice has resulted in significant variations in the calculated compensation amounts, creating substantial differences in the enforcement of judgments. To address this issue, the Supreme Court issued Uniformity Ruling No. 850 on August 7, 2024, aiming to standardize the approach. This theoretical study, conducted through descriptive and analytical methods and utilizing library-based research tools, including books and articles, seeks to answer the question: What is the legally appropriate method for calculating compensation for delayed payment according to legal standards? The findings of this research indicate that the legislator's intent in Article 522 refers to the "annual index" as the monthly indices published by the Central Bank at the end of each month.
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