Rules and Clauses Governing the Claim for Late Payment Damages in the Iranian Law and the Convention on Contracts for the International Sale of Goods

Document Type : Research Paper

Authors

1 Professor, Faculty of Law & Political Science, University of Mazandaran, Babolsar, Iran.

2 PhD. Candidate in Private Law, Faculty of Law & Political Sciences, University of Mazandaran, Babolsar, Iran.

Abstract

Due to their important roles in the economy, damages for late payment of the money or cash, do not follow the general rules of damages and are bound with specific terms and provisions. In countries where the Islamic legal system is dominant, the claim for this type of damage due to its common features with Reba is not fully recognized. Affected by this trend of thought, legal scholars conducting studies on late payment damage, have mostly focused on the history, nature and legitimacy of the late payment damages. However, regardless of the topic of legitimacy, we are concerned with exploring the nature of the rules and clauses governing these kinds of damages with respect to Article 522 of the Civil Procedure Code, introducing late payment damages as general rules. Examining the scope and the limits of the principle of autonomy, moreover, this study aims to investigate the perspective of the Convention on Contracts for the International Sale of Goods about interest and its limits and boundaries.

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References

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Comparative Law Review
Volume 8, Issue 1
Spring & Summer
April 2017
Pages 25-43

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