1
Professor, Faculty of Law & Political Science, University of Tehran, Tehran, Iran
2
Ph.D. Student in Private
3
student phd
10.22034/law.2025.60361.3364
Abstract
As a result of the delay in fulfilling monetary obligations, the value of money decreases as a result of delay, and also the obligee is deprived from the benefits of money during the delay period; In this situation, he suffers losses. In Iranian legal system, both of these types of damages are referred to as damages for late payment, but damages for late payment in its true sense is the latter. According to Article 522 of the Civil Procedure Law, only the damages caused by the devaluation of the currency can be compensated up to the inflation rate, but according to the unanimous decision of the Supreme Court No. 805, the agreement to an amount in excess of the inflation rate is prescribed. Therefore, it is possible to compensate for the late payment in its true sense (including general damages, personal damages with proof of the debtor's fault and the amount of damage and also unforeseeable damages with proof of bad faith of the debtor) through the agreement of the parties. In England, after recognizing the possibility of paying damages for late payment in monetary debt, it is possible for parties to the contract to agree about the amount of damages for late payment, unless that amount is to the extent that it takes on a criminal aspect and is considered as a criminal condition. In Iranian law, according to unanimous decision of the Supreme Court No. 805 and also by referring to the harmless rule, party’s agreement for the amount of damages for late payment is valid, unless the condition of damages is unreasonable (unfair condition) and it contradicts with the public order; So the freedom of the parties in determining the amount of damages for late payment is up to the extent that it is considered damages, notusury.
karimi, A. , sahranavard, G. and ghadiani monfared, A. (2025). A comparative study of the nature of damages for late payment in Iranian and English law. Jurisprudence and Islamic Law, (), -. doi: 10.22034/law.2025.60361.3364
MLA
karimi, A. , , sahranavard, G. , and ghadiani monfared, A. . "A comparative study of the nature of damages for late payment in Iranian and English law", Jurisprudence and Islamic Law, , , 2025, -. doi: 10.22034/law.2025.60361.3364
HARVARD
karimi, A., sahranavard, G., ghadiani monfared, A. (2025). 'A comparative study of the nature of damages for late payment in Iranian and English law', Jurisprudence and Islamic Law, (), pp. -. doi: 10.22034/law.2025.60361.3364
CHICAGO
A. karimi , G. sahranavard and A. ghadiani monfared, "A comparative study of the nature of damages for late payment in Iranian and English law," Jurisprudence and Islamic Law, (2025): -, doi: 10.22034/law.2025.60361.3364
VANCOUVER
karimi, A., sahranavard, G., ghadiani monfared, A. A comparative study of the nature of damages for late payment in Iranian and English law. Jurisprudence and Islamic Law, 2025; (): -. doi: 10.22034/law.2025.60361.3364
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