مطالبه خسارت و اجبار به انجام تعهد
بروز رسانی 1402/03/04
در این مطلب موسسه مشاوره حقوقی قوانینی که در مورد مطالبه خسارت و اجبار به انجام تعهد مطرح شده است را بیان می کند.
ماده ۵۱۵ ـ خواهان حق دارد ضمن تقدیم دادخواست یا در اثنای دادرسی و یا به طور مستقل جبران خسارات ناشی از دادرسی یا تاخیر انجام تعهد یا عدم انجام آن را كه به علت تقصیر خوانده نسبت به اداء حق یا امتناع از آن به وی وارد شده یا خواهد شد ، همچنین اجرت المثل را به لحاظعدم تسلیم خواسته یا تاخیر تسلیم آن از باب اتلاف و تسبیب از خوانده مطالبه نماید.
خوانده نیز می تواند خسارتی را كه عمدا از طرف خواهان با علم به غیر محق بودن در دادرسی به او وارد شده از خواهان مطالبه نماید.
دادگاه در موارد یادشده میزان خسارت را پس از رسیدگی معین كرده و ضمن حكم راجع به اصل دعوا یا به موجب حكم جداگانه محكوم علیه را به تادیه خسارت ملزم خواهد نمود .
پیشنهاد می شود در هرگونه امور حقوقی خود از مشاوره های وکیل پایه یک دادگستری استفاده کنید.
در صورتی كه قرارداد خاصی راجع به خسارت بین طرفین منعقد شده باشد برابر قرارداد رفتارخواهد شد .
تبصره – ۱ در غیر مواردی كه دعوای مطالبه خسارت مستقلا یا بعد از ختم دادرسی مطرح شودمطالبه خسارتهای موضوع این ماده مستلزم تقدیم دادخواست نیست .
تبصره – ۲ خسارت ناشی از عدم النفع قابل مطالبه نیست و خسارت تاخیر تادیه در مواردقانونی قابل مطالبه می باشد .
ماده ۵۱۶ ـ چنانچه هریك از طرفین از جهتی محكوم له و از جهتی دیگر محكوم علیه باشنددرصورت تساوی خسارت هریك در مقابل خسارت طرف دیگر به حكم دادگاه تهاتر خواهد شددرغیر این صورت نسبت به اضافه نیز حكم صادر می گردد .
ماده ۵۱۷ ـ دعوائی كه به طریق سازش خاتمه یافته باشد ، حكم به خسارت نسبت به آن دعواصادرنخواهدشد ، مگر اینكه ضمن سازش نسبت به خسارات وارده تصمیم خاصی اتخاذ شده باشد.
مطالبه خسارت و اجبار به انجام تعهد
ماده ۵۱۸ ـ در مواردی كه مقدار هزینه و خسارات در قانون یا تعرفه رسمی معین نشده باشد ، میزان آن را دادگاه تعیین می نماید .
خسارات
ماده ۵۱۹ ـ خسارات دادرسی عبارتست از هزینه دادرسی و حق الوكاله وكیل و هزینه های دیگری كه بطور مستقیم مربوط به دادرسی و برای اثبات دعوا یا دفاع لازم بوده است از قبیل حق الزحمه كارشناسی و هزینه تحقیقات محلی .
ماده ۵۲۰ – درخصوص مطالبه خسارت وارده ، خواهان باید این جهت را ثابت نماید كه زیان وارده بلاواسطه ناشی از عدم انجام تعهد یا تاخیر آن و یا عدم تسلیم خواسته بوده است درغیراین صورت دادگاه دعوای مطالبه خسارت را رد خواهد كرد .
مشاوره حقوقی با وکیل دعاوی خانواده از طریق این وب سایت میسر می باشد .
ماده ۵۲۱ ـ هزینه هایی كه برای اثبات دعوا یا دفاع ضرورت نداشته نمی توان مطالبه نمود .
ماده ۵۲۲ ـ در دعاویی كه موضوع آن دین و از نوع وجه رایج بوده و با مطالبه داین وتمكن مدیون ، مدیون امتناع از پرداخت نموده ، در صورت تغییر فاحش شاخص قیمت سالانه اززمان سررسید تا هنگام پرداخت و پس از مطالبه طلبكار ، دادگاه با رعایت تناسب تغییر شاخص سالانه كه توسط بانك مركزی جمهوری اسلامی ایران تعیین می گردد محاسبه و مورد حكم قرار خواهد داد مگر اینكه طرفین به نحو دیگری مصالحه نمایند.
ماده ۵۲۳ – در کلیه مواردی که رأی دادگاه برای وصول دیِن به موقع اجراء گذارده میشود اجراء رأی از مستثنیات دیِن اموال محکوم علیه ممنوعمیباشد.
تبصره – احکام جزائی دادگاههای صالح مبنی بر استرداد کل یا بخشی از اموال محکوم علیه یا ضبط آن مستثنی میباشد.
ماده ۵۲۵ – درصورت بروز اختلاف نسبت به متناسب بودن اموال و اشیاء موصوف در ماده قبل با شؤون و نیاز محکوم علیه، تشخیص دادگاهصادرکننده حکم لازمالاجراء، ملاک خواهد بود. چنانچه اموال و اشیاء مذکور بیش از حد نیاز و شؤون محکومعلیه تشخیص داده شود و قابل تجزیه وتفکیک نباشد به دستور دادگاه به فروش رسیده مازاد بر شأن، بابت محکومبه یا دیِن پرداخت میگردد.
ماده ۵۲۶ – مستثنیات دیِن تا زمان حیات محکوم علیه جاری است.
ماده ۵۲۷ – چنانچه رأی دادگاه مبنی بر استرداد عین مالی باشد مشمول مقررات این فصل نخواهد بود.
مشاوره حقوقی شما را به مطالعه مطالبی در مورد شهادت حقوقی دعوت می نماید .
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