The Possibility to Demand the Increased Price of Contract Subject from the Unauthorized Seller, According to the Jurisprudence

Abstract

As a result of "Zaman-e- Darak" (i.e., When someone sells the other's property, the original owner can follow his property and can catch it everywhere that he finds it), the buyer shall refund the price and in case of seller's ignorance, shall pay the related compensation that is caused by this situation. In this case, if the original owner refers to the buyer and takes back his property and its interests, he should inevitably refer to the seller and refund the money which has paid. In our law, if the buyer was ignorant that the subject of the contract belongs to another right, he can want the money spent and his damages. A significant loss is the contract subject's increased price, and the main question is whether the seller is liable to demand the modified price on the refund date? Although this matter was controversial at first, it seems that according to the Supreme Court decision, this increase is considered a loss and, therefore, awardable. Due to the devaluation of money, our courts understood that just paying the pure price and the losses about transaction costs is not enough, and the social and legal customs don't accept it. This is necessary to choose a way that compensates for all certain damages. In this way, we should interpret the Verdict of the supreme court of unity procedure number 733 so that this kind of loss can be demanded and assessed. This method's advantage is that we compare the contract issue with the things that have similar value.

Keywords

• zaman darak
• the compensation
• price increase
• reduce the value of the price