به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه حقوق خصوصی و اسلامی دانشکده حقوق و علوم سیاسی دانشگاه تهران
کلیدواژهها
عنوان مقاله English
نویسنده English
This article critically examines Judgment No. 96099709100047 of Branch Three of the Supreme Court of Iran concerning entitlement to a contractual penalty for delay in executing the official deed of property transfer. The principal issue is the legal effect of the seller’s death before the contractual due date and the extent of the heirs’ liability for continuing the deceased’s contractual obligations. In the case under review, the seller died before the stipulated date, while his heirs faced inheritance and tax formalities; meanwhile, the purchaser had neither paid nor deposited the outstanding balance of the purchase price. The courts rejected the claim for contractual penalty, relying on the seller’s death before the due date, the absence of an agreed new date, and the parties’ reciprocal obligations. Using a descriptive-analytical method and library research, this study concludes that attributing no delay to the seller at the original due date is defensible. However, his death did not extinguish the obligation to execute the official deed or necessarily preclude the heirs’ potential liability after legal impediments were removed. Accordingly, their liability should be assessed by distinguishing the relevant periods and examining the impediments to performance and their subsequent conduct.
کلیدواژهها English
