شناسه مطلب صحیفه
نمایش نسخه چاپی

Reply to a Query [Reply to query about dissipation claimant's property by defendant; demanding damages caused by suing]

Jamaran, Tehran
Reply to query about dissipation claimant's property by defendant; demanding damages caused by suing
جلد ۱۸ صحیفه امام خمینی (ره)، صفحه ۳۲۳
In the Name of God, the Compassionate, the Merciful
1- In cases in which claimant to a property is known or unknown and the claimant fears lest throughout the trial the defendant dissipate and destroy the property of the plaintiff or make it unfit for use or sale, can he/she call for attachment of the known property or other property of the claimant or not?]
In His Most Exalted Name
In both cases if there is evidence or proof showing the claimant to be in the right and that the defendant is indulged in squandering the original property or going bankrupt there is no objection to secure the aforesaid, but by setting condition on the claimant to the effect that by securing the property any loss is inflicted on the defendant, the former would recompense.
Rouhullah al-Mousawi al-Khomeini
[2- Does the one who has become the winning party in a trial but has suffered damages and sustained expenses in the way of restoring his/ her right can demand the damages from the convict who has caused the damages or not?]
In His Most Exalted Name
He/she is not entitled to sue for damages.
Rouhullah al-Mousawi al-Khomeini


امام خمینی (ره)؛ 01 فروردین 1362
 

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