به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
دانشجوی دکتری حقوق خصوصی دانشکده حقوق و علوم سیاسی دانشگاه تهران
کلیدواژهها
عنوان مقاله English
نویسنده English
Supreme Court of Iran, Branch Three, Judgment No. 9509970909100166, dated July 1, 2016, concerning a claim for service charges and ordinary expenses of a coastal community, raises four procedural issues. First, where a “tourist village” is named as plaintiff, establishing the managers’ authority to sue requires establishing the owners’ collective will in their appointment. Collective decision-making may be based on law or contract. In co-ownership, the law grants the owners’ assembly authority to decide by majority and determines the person entitled to sue; under contractual management, the managers’ authority to sue requires the consent of all owners. The principal entitled to sue must be identified. Second, including a late-payment penalty in the expert calculation, when it was not claimed in the statement of claim, is impermissible because it changes the claim. Third, excluding debts relating to service charges and ordinary expenses from Article 522, because the debt was not crystallized, is justifiable. Fourth, where an investigative deficiency and substantive objection coexist, referring the case back to the court that rendered the quashed judgment is defensible to prevent inconsistency in the new judgment. The study concludes that the judgment could have explained the principal’s identification and rejection of compensation for delay.
کلیدواژهها English
