چکیده مقاله
Nowadays, it is common in transactions involving real estate, executed through informal documents, that the property is not sold and, upon the owner's rejection of the transaction, the parties face an invalid agreement In this case, based on Article 231 of the Civil Code, the seller must not only refund the fruits but also, in cases where the buyer's ignorance leads to the invalidity, bear the damages incurred by the buyer While the costs incurred by the buyer on the property are undoubtedly compensable and claimable as damages, the question arises whether the difference between the transaction price and the real market value of the property at the time of rejection, caused by price increase, qualifies as damages In addressing this, the authors explore liability for causation, contractual indemnity, and the theory of appearance, concluding that the difference in property price between the time of transaction and the time of rejection falls within the scope of damages
کلیدواژهها
نویسندگان
Mohsen Manouchehri
Private Law Department, Islamic Azad University, Neyriz Branch
Seyede Zeynab Alavi
Private Law Department, Islamic Azad University, Neyriz Branch
شیوه ارجاع
Manouchehri, Mohsen and Alavi, Seyede Zeynab,1404,Investigating compensation arising from the seller being entitled to something else in Iranian civil law,21st International Conference on Legal and Judicial Studies
ارائهشده در
مجموعه مقالات بیست و یکمین کنفرانس بین المللی مطالعات حقوقی و قضایی24 مرداد 1404