The Comparing Delayed Payment of Compensation and Actual Compensation Caused By Luck of Making Obligations or Delay in Making Financial Obligations

The thesis is entitled comparison of loss of delayed payments and actual damage caused by lack of commitment or delayed financial obligations. The loss of delayed and actual damage including legal jurisprudence is highly regarded so, today; it is of little significance to dispute. This means that if anyone has an to provide an affair and didn't do his commitment at due date, in event that a result of this delay is affected promise; obligor is to compensate damages caused by delay. If this commitment is current, legislator has proposed term of the loss of delayed and has been subjected to certain conditions. The main necessity of thesis presents: to pay actual damage or loss of delayed payment; due to lack of financial or non-financial liability, is a matter of social and legal affairs, established to maintain order and stability in society, and respect to covenant between parties to a contract. The main question of thesis is: in what way, we are permitted to insert in terms of delaying in of debt and preventing from realization of interest? The assumption proposed out of this question is to inserting terms of contract is prevented from realization of interest. But method used in thesis is librarian method and will be analyzed by using tools such note taking and collecting of internet contents and legal papers. According to Jurists; generally, loss of delayed of cash, in any form, is known as and must be forbidden. But there are some jurists legitimating to respect owed to maturity by separating words payment obligation and usury provision inserted in contract. As some jurists has accepted claim of loss of delayed in order to assuming a sharp decline in value of money and power of debtor a settlement of a debt at time of maturity.