Ray (Judicial Case Review)

Ray (Judicial Case Review)

Validity of letters of undertaking to accept exchange rate fluctuations taken after concluding a contract of Payment order

Author
PhD student in public law at Imam Sadiq University (AS)
10.22106/jcr.2024.2022789.1471
Abstract
One of the most important results of sanctions on Iran's economic system is the creation of severe currency restrictions. Therefore, currency in Iran is considered a valuable commodity for storing value. On the other hand, it should be noted that due to the country's numerous foreign exchange needs and limited resources, the policy maker is always faced with serious limitations in identifying the country's needs and allocating foreign currency. These restrictions mainly show themselves in the management of the import of goods at the time of the country's general need and when the country's priority changes after the currency allocation. These two restrictions of the policymaker, which are in conflict with the principle of predictability in business, are naturally against the principle and cannot be relied upon without considering a separate commitment or a valid condition. After the contract is concluded, is it valid and valid?" This article, while examining two petitions related to a petition in the primary and appellate branches, shows that if the letters of acceptance for the exchange rate difference caused by the change of the product group or the delay in presenting the shipping documents were taken after the conclusion of the contract, it is typically an abuse of urgency. It is considered invalid. It is worth mentioning that the content of this article is purely a scientific discussion and is not in any way a reviewer of the judges issuing the verdict, and the author considers himself a student of their students.
Keywords

Volume 13, Issue 47
Summer 2024
Pages 135-154

  • Receive Date 13 February 2024
  • Revise Date 07 March 2024
  • Accept Date 04 November 2024