Aliakbari Mehrshad: Message sent by
#requirement_to_set_the_official_document
#damage_delay_in_fulfilling_the_obligation
Abstract:
The existence of registration problems and obstacles to obtaining the end of the work is not considered as a valid excuse to remove the responsibility for the payment of damages for the delay in fulfilling the obligation, therefore, along with the requirement to prepare an official document, the order to pay the damages for the delay in the fulfillment of the obligation is made.
Documentation:
Articles 219 and 220 of the Civil Code
Final vote date:
07/25/2013
Final vote number: 9109970221600789
primary vote
Regarding the lawsuit of Mrs. L.A. On behalf of Mr. A.R. At the request of the defendant, the court ordered to prepare and officially transfer the definitive document of a residential apartment unit numbered 2395/121376, the subject of affidavit number 809433 dated 5/18/90, by examining the contents of the case, the applicant’s statement and the documents in the file and with regard to the above affidavit The defendant’s notices and statements regarding the sale of the property to the petitioner and the fact that the document that has been prepared is not ready now, the court has considered the petitioner’s claim to be filed, the respondent has been convicted under articles 219-220 and 10 of the Civil Code and is required to appear in the notary office and official transfer Malek, on behalf of the petitioner, also requests the court of the respondent to pay the sum of 75.300.000 Rials as contractual damages based on Article 10 of the Civil Law dated 8/1/90 due to the defendant’s failure to appear at the office on the appointed date based on Clause 6-7 of the contract. Until 12/27/1990, the date of submission of the petition, five hundred thousand rials per day, as well as the procedural damages charged, are documented in articles 519 and 520 of the Law of Procedure against the petitioner. It is obvious that the petitioner is obliged to pay the difference of the legal fees before issuing the executive order. The verdict issued in person within 20 days after notification can be appealed in the honorable appeal courts of Tehran province.
Head of Branch 186 of Tehran-Taymuri General Court of Law
Judgment of the Court of Appeal
Regarding the appeal of Mr. A.G. Represented by Mr. A.R. On behalf of Mrs. L.A. According to the appeal petition against the petition number 45 dated 1/20/91 issued by Branch 186 of the Tehran General Court of Law, which includes the conviction of the appellant to draw up the official transfer document of the traded apartment and pay the amount of 75,300,000 rials for the delay in fulfilling the obligation until the date The filing of the petition includes the cost of the proceedings. The defense of the appellant’s lawyer [based on the delay] in terms of registration problems and obtaining the termination of the work is not considered a valid excuse for the delay in fulfilling the obligation, therefore, the court, while amending the amount of contractual damages from 75,300,000 rials to 000,000,000 73/ Rials for a period of 146 days of delay until the date of filing the petition and considering all the contents of the preliminary petition file in accordance with the legal standards and in compliance with the principles of proceedings, and the justified objection and effective objection that caused its violation and invalidity at this stage of The proceedings did not take place and the subject of the appeal does not comply with any of the aspects listed in Article 348 of the Law of Procedure of Public and Revolutionary Courts in Civil Affairs, therefore, while rejecting the appeal based on the provisions of Articles 351 and 358 of the Law of Procedure, Maralzakar amends, confirms and supports the appeal request The decision is final.
Head of the 16th branch of the Court of Appeals of Tehran Province – court advisor/judiciary research institute
This post is written by AliVosoughi