Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness
Claim for Deficiency in Area (A Critical Analysis of Supreme Court Judgment No. 9409970909100561, dated 17 February 2016, rendered by Branch Three of the Supreme Court of Iran)
Bachelor degree in Law, University of Imam Khomeini, Qazvin, Iran Attorney at Law
Abstract
Articles 384 and 355 of the Iranian Civil Code address, respectively, the two situations in which the subject matter of a sale is divisible and indivisible. Although Article 485 expressly refers to a house, it appears that, pursuant to Article 10 of the Apartment Ownership Act, the legal treatment of an apartment differs from that of a house. The basis for this distinction, in addition to the aforementioned provision, lies in the customary practice governing apartment transactions, under which the floor area is ordinarily set against the purchase price. This is particularly significant where the sale is concluded before the exact floor area has been determined on the basis of the condominium subdivision plan (soorat-majles-e tafkiki) and the official cadastral plans, and a discrepancy in area is subsequently discovered upon delivery of the property and execution of the official deed. In such circumstances, a party who has paid a higher price but received a smaller area, or who has sold a larger area than that ultimately delivered, should be entitled to claim the difference without having a right of rescission under Article 355 of the Civil Code.
Yaghoubnia Voshmah Seraie, B. (2026). Claim for Deficiency in Area (A Critical Analysis of Supreme Court Judgment No. 9409970909100561, dated 17 February 2016, rendered by Branch Three of the Supreme Court of Iran). (e742230). Comparative Civil Procedure, 2(Special Number), e742230
MLA
Yaghoubnia Voshmah Seraie, B. "Claim for Deficiency in Area (A Critical Analysis of Supreme Court Judgment No. 9409970909100561, dated 17 February 2016, rendered by Branch Three of the Supreme Court of Iran)" .e742230 , Comparative Civil Procedure, 2, Special Number, 2026, e742230.
HARVARD
Yaghoubnia Voshmah Seraie B. (2026). 'Claim for Deficiency in Area (A Critical Analysis of Supreme Court Judgment No. 9409970909100561, dated 17 February 2016, rendered by Branch Three of the Supreme Court of Iran)', Comparative Civil Procedure, 2(Special Number), e742230.
CHICAGO
B. Yaghoubnia Voshmah Seraie, "Claim for Deficiency in Area (A Critical Analysis of Supreme Court Judgment No. 9409970909100561, dated 17 February 2016, rendered by Branch Three of the Supreme Court of Iran)," Comparative Civil Procedure, 2 Special Number (2026): e742230,
VANCOUVER
Yaghoubnia Voshmah Seraie B. Claim for Deficiency in Area (A Critical Analysis of Supreme Court Judgment No. 9409970909100561, dated 17 February 2016, rendered by Branch Three of the Supreme Court of Iran). Comparative Civil Procedure. 2026;2(Special Number):e742230 (In Persian).
