Investigating compensation arising from the seller being entitled to something else in Iranian civil law

Nowadays, it is common in transactions involving real estate, executed through informal documents, that the property is not sold and, upon the owner's rejection of the transaction, the parties face an invalid agreement. In this case, based on Article ۲۳۱ of the Civil Code, the seller must not only refund the fruits but also, in cases where the buyer's ignorance leads to the invalidity, bear the damages incurred by the buyer. While the costs incurred by the buyer on the property are undoubtedly compensable and claimable as damages, the question arises whether the difference between the transaction price and the real market value of the property at the time of rejection, caused by price increase, qualifies as damages. In addressing this, the authors explore liability for causation, contractual indemnity, and the theory of appearance, concluding that the difference in property price between the time of transaction and the time of rejection falls within the scope of damages.

کلیدواژه ها:

Liability for causation ، damages ، unjust enrichment (non-possessory property)