نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق دانشکدۀ علوم اداری و اقتصاد دانشگاه اصفهان
2 کارشناس ارشد حقوق خصوصی دانشگاه اصفهان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
If the price of the lost property in the different places is not equal, the judge in civil liability case is faced with this question that to which of these prices should be sentenced? In this paper after propounding and reviewing different views, it has been tried to be presented a criterion for determination of the competent place to assess the amount of damage according to sound tradition of "Abi Vallad". The criterion that is preferred over other options in this text with regard to mentioned tradition is the habitat place of injured person. Since the article 3 of the civil liability act has required the judge to determine the amount of damage based on the circumstances of the case and as the habitat place of the injured person and the value of the lost property at that place is one of the situations affecting on the rate of the loss incurred by him, the theory of assessment of damage based on the price of the habitat place of the injured person can be accepted in the Legal System of Iran.
کلیدواژهها [English]
