Practical and Practical Tips on Determination

According to the Mehr correspondent, Somayeh Turkman, a lawyer and legal adviser, in a note to Mehr, addressed the issue of legal and practical points of determination that you will read below.

The obligation is a kind of contractual responsibility and guarantee, and one of the most practical requirements that are predicted in contracts for violations of commitment. This violation can now be achieved either if it is delayed or fails to fulfill it. If the contract is specified in the contract and is determined as a cross -section (even more than the actual amount of damages), by proving the pledged violation. CrownNo longer need to prove Log It's not harmful.

Therefore, for example, it should not be the postponement of the time after the contract. It is worth noting The condition of the condition made in the contract with the delayed damage Payment That in the contract of determining Not And On the basis The theory of the undergraduate is assessed; It is different.

In order That is in addition Getting The possibility of commitment, the possibility of the offender to fulfill the original commitment; The contract must be conditioned in the contract, and it is not possible to fulfill the original commitment. In addition About Delay in fulfilling commitment, the time range must also be determined to calculate the obligation until that date. It should be noted If Because of Cairo's power or Force Be a major, committed liability In relation to There is no compensation unless it is conditioned.

Despite that, according to civil law, the courts cannot condemn the offender more or less than the obligation; But if the obligation is exaggerated, there are various procedures by the courts to the extent that some modify or even make it. False They know.

The reasons for the courts to adjust or void excessive obligation are generally based on the law or public order. Some believe in abusing the right, Dara Unfairly becoming, gathering Awaine On one party and the opposite of justice Abut There are and some are in conflict with the rule of disadvantage and the rule of negation Pride In transactions and negation Asr And Haraj In Jurisprudence Cited and some cause the cause of the condition of the condition Rabbi They announce it.

In spite of some of the opposition's comments From the point of view Legal or non -religious Votes Multiple issued on the exorbitant obligation, in order to be an effective tool to ensure the fulfillment of obligations, must be adjusted in a reasonable and conventional way (for example, up to the contract to the amount of contract), in order to both judicial challenges and the risk of adjustment or nullity. Condition Do not encounter and have the necessary deterrence.