Analysis of the present condition of the transfer of ownership sales and its impacts on Iran's Law
In Iranian law, the sale contract consists of two mutual acquisitions formedtogether. These acquisitions are in the same level regarding their positions(Article 338 of Iranian Civil Code).However, in spite of being in the same level, transposition of two acquisitionsare possible, since dichotomy in...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2015-03-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_1318_59d93d2c5b57218afdff5cd2cf7617eb.pdf |
| _version_ | 1797375865004228608 |
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| author | Morteza Qsmzadeh Mohammad Ghorbani Joybari |
| author_facet | Morteza Qsmzadeh Mohammad Ghorbani Joybari |
| author_sort | Morteza Qsmzadeh |
| collection | DOAJ |
| description | In Iranian law, the sale contract consists of two mutual acquisitions formedtogether. These acquisitions are in the same level regarding their positions(Article 338 of Iranian Civil Code).However, in spite of being in the same level, transposition of two acquisitionsare possible, since dichotomy in time of credit affairs allows us to maintaincausing correlation of commitments and to separate them from each other at thesame time. Therefore, although traditional view of legal and jurisprudentialissues does not accept such a condition, following a new approach and focusingon credit reasons, it is possible to accept transposition in the effect of contracts.The issue examined in this research is that the parties may agree to "temporally"submit the transfer of ownership based on their ‘will’, since the field of creditaffairs follows sides` determination aside from developmental affairs. Based onthe principle of determination prominence and article 10 of the Civil Code, suchagreements should be corrected based on sentences, and hence we should notdeal with law issues by ignoring ‘will’ of parties as a result of inappropriate andphilosophical interpretations. |
| first_indexed | 2024-03-08T19:30:24Z |
| format | Article |
| id | doaj.art-673ad382866e4640be51730e1dd6c3cb |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:30:24Z |
| publishDate | 2015-03-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-673ad382866e4640be51730e1dd6c3cb2023-12-26T07:46:59ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322015-03-013101011191318Analysis of the present condition of the transfer of ownership sales and its impacts on Iran's LawMorteza Qsmzadeh0Mohammad Ghorbani Joybari1استا دانشگاه علوم قضاییکارشناس ارشد حقوق خصوصی دانشگاه علوم قضاییIn Iranian law, the sale contract consists of two mutual acquisitions formedtogether. These acquisitions are in the same level regarding their positions(Article 338 of Iranian Civil Code).However, in spite of being in the same level, transposition of two acquisitionsare possible, since dichotomy in time of credit affairs allows us to maintaincausing correlation of commitments and to separate them from each other at thesame time. Therefore, although traditional view of legal and jurisprudentialissues does not accept such a condition, following a new approach and focusingon credit reasons, it is possible to accept transposition in the effect of contracts.The issue examined in this research is that the parties may agree to "temporally"submit the transfer of ownership based on their ‘will’, since the field of creditaffairs follows sides` determination aside from developmental affairs. Based onthe principle of determination prominence and article 10 of the Civil Code, suchagreements should be corrected based on sentences, and hence we should notdeal with law issues by ignoring ‘will’ of parties as a result of inappropriate andphilosophical interpretations.https://jplr.atu.ac.ir/article_1318_59d93d2c5b57218afdff5cd2cf7617eb.pdfpresent condition of transfer of ownershipprinciple of causalitydevelopmental issues and legislation |
| spellingShingle | Morteza Qsmzadeh Mohammad Ghorbani Joybari Analysis of the present condition of the transfer of ownership sales and its impacts on Iran's Law Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī present condition of transfer of ownership principle of causality developmental issues and legislation |
| title | Analysis of the present condition of the transfer of ownership sales and its impacts on Iran's Law |
| title_full | Analysis of the present condition of the transfer of ownership sales and its impacts on Iran's Law |
| title_fullStr | Analysis of the present condition of the transfer of ownership sales and its impacts on Iran's Law |
| title_full_unstemmed | Analysis of the present condition of the transfer of ownership sales and its impacts on Iran's Law |
| title_short | Analysis of the present condition of the transfer of ownership sales and its impacts on Iran's Law |
| title_sort | analysis of the present condition of the transfer of ownership sales and its impacts on iran s law |
| topic | present condition of transfer of ownership principle of causality developmental issues and legislation |
| url | https://jplr.atu.ac.ir/article_1318_59d93d2c5b57218afdff5cd2cf7617eb.pdf |
| work_keys_str_mv | AT mortezaqsmzadeh analysisofthepresentconditionofthetransferofownershipsalesanditsimpactsoniranslaw AT mohammadghorbanijoybari analysisofthepresentconditionofthetransferofownershipsalesanditsimpactsoniranslaw |