The Scope of the Unauthorized Seller's Guarantee of Payment of Compensation in Jurisprudence, Law and Judicial Procedure

Document Type : Original Article

Authors
Abbas Bagheri 1
Siavash Razi 2
1 Assistant Professor, Department of Private Law, Payam Noor University, Damavand Branch, Damavand, Iran
2 Senior expert in private law, Islamic Azad College, Kashan branch, Kashan, Iran (Corresponding Author)
10.22034/lc.2023.394846.1335
Abstract
 
The increase in the inflation rate in Iran and the decrease in the value of the currency have raised the issue of determining scope of the unauthorized seller's guarantee of payment of compensation. There is no dispute about the need to pay the price from the unauthorized seller, but the differences of opinion are for the time when the value of the goods has increased and the value of the price paid has decreased. To compensate for this unjust loss, there are serious differences between jurists and legal scholars and in the judicial procedure, which requires organizing and reaching a common point to prevent the right of the ignorant buyer. In spite of the issuance of unanimous ruling No. 733 of the Supreme Court, this problem still remains. It seems that paying the price on the day of sale by the unauthorized seller to the customer is closer to justice and fairness because the price increase may exceed the inflation rate of the bank index. Therefore, exchange justice requires the issuance of a judgment based on the value on the day of sale.
Keywords
Unauthorized Transaction
Belonging to Another Person
Compensation
Devaluation
Inflation Rate

Subjects