The Time of Transfer of Ownership in Sale of Specific Goods
The time of transfer of ownership in sale of specific goods, is an important and effective subjects in slamic jurisprudential issues. If there is an option in contracts transferring ownership, such as sale, when the ownership is transferred? Does, after the declaration of the offer and acceptance,...
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| Format: | Article |
| Language: | fas |
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Semnan University
2015-12-01
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| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_1941_2d1d2c15c252b74b75f2fb07b5f0e1fe.pdf |
| _version_ | 1797296417544339456 |
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| author | سجاد شهباز قهفرخی محمد رسول آهنگران علیرضا نوری امامزاده‌ای |
| author_facet | سجاد شهباز قهفرخی محمد رسول آهنگران علیرضا نوری امامزاده‌ای |
| author_sort | سجاد شهباز قهفرخی |
| collection | DOAJ |
| description | The time of transfer of ownership in sale of specific goods, is an important and effective subjects in slamic jurisprudential issues. If there is an option in contracts transferring ownership, such as sale, when the ownership is transferred? Does, after the declaration of the offer and acceptance, the ownership of goods is transferred to the buyer and the seller will own the consideration or these legal changes are subject to lapse of option? Among slamic jurists, there are three opinions in this regard. We believe that as soon as the sale contract is concluded, it transfers the ownership and during the option period, the seller and buyer, are respectively, the owner of good and consideration. This is the major opinion in Shiite Jurisprudence and has been adopted in article 364 of Iranian Civil Code. The study of different reasons of this opinion, will assist to know the theoretical basis of Code Civil in this regard. |
| first_indexed | 2024-03-07T22:04:25Z |
| format | Article |
| id | doaj.art-900e8015401149d198493cd1c830c87d |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:04:25Z |
| publishDate | 2015-12-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-900e8015401149d198493cd1c830c87d2024-02-23T23:18:29ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302015-12-017139511610.22075/feqh.2017.19411941The Time of Transfer of Ownership in Sale of Specific Goodsسجاد شهباز قهفرخیمحمد رسول آهنگرانعلیرضا نوری امامزاده‌ایThe time of transfer of ownership in sale of specific goods, is an important and effective subjects in slamic jurisprudential issues. If there is an option in contracts transferring ownership, such as sale, when the ownership is transferred? Does, after the declaration of the offer and acceptance, the ownership of goods is transferred to the buyer and the seller will own the consideration or these legal changes are subject to lapse of option? Among slamic jurists, there are three opinions in this regard. We believe that as soon as the sale contract is concluded, it transfers the ownership and during the option period, the seller and buyer, are respectively, the owner of good and consideration. This is the major opinion in Shiite Jurisprudence and has been adopted in article 364 of Iranian Civil Code. The study of different reasons of this opinion, will assist to know the theoretical basis of Code Civil in this regard.https://feqh.semnan.ac.ir/article_1941_2d1d2c15c252b74b75f2fb07b5f0e1fe.pdftransfer of ownershipoptioncontractlapse of optionoptional contract |
| spellingShingle | سجاد شهباز قهفرخی محمد رسول آهنگران علیرضا نوری امامزاده‌ای The Time of Transfer of Ownership in Sale of Specific Goods مطالعات فقه و حقوق اسلامی transfer of ownership option contract lapse of option optional contract |
| title | The Time of Transfer of Ownership in Sale of Specific Goods |
| title_full | The Time of Transfer of Ownership in Sale of Specific Goods |
| title_fullStr | The Time of Transfer of Ownership in Sale of Specific Goods |
| title_full_unstemmed | The Time of Transfer of Ownership in Sale of Specific Goods |
| title_short | The Time of Transfer of Ownership in Sale of Specific Goods |
| title_sort | time of transfer of ownership in sale of specific goods |
| topic | transfer of ownership option contract lapse of option optional contract |
| url | https://feqh.semnan.ac.ir/article_1941_2d1d2c15c252b74b75f2fb07b5f0e1fe.pdf |
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