A Comparative Study on the Transfer of Nonexistent Property in Future Sales Contracts in Imamiyah Jurisprudence and Iranian, French and English Laws
The sale of a future property is a transaction in which the property does not yet exist at the time of the contract’s conclusion but will exist in the future. The property may be passing of ownership or an ascertained (i.e. definite and specific) object. This study investigated the latter type, that...
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| Format: | Article |
| Language: | fas |
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University of Qom
2022-03-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
| Subjects: | |
| Online Access: | https://csiw.qom.ac.ir/article_1870_6ed39799c0f4eb960ac5d62a21f5b96b.pdf |
| _version_ | 1827300753574723584 |
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| author | mohammad riyahi mohammad jaafari fesharaki |
| author_facet | mohammad riyahi mohammad jaafari fesharaki |
| author_sort | mohammad riyahi |
| collection | DOAJ |
| description | The sale of a future property is a transaction in which the property does not yet exist at the time of the contract’s conclusion but will exist in the future. The property may be passing of ownership or an ascertained (i.e. definite and specific) object. This study investigated the latter type, that is, the sale of a future ascertained object. There are two obstacles to the validity of this contract. The first obstacle is the impossibility of ownership of nonexistent. The second obstacle is that this type of sale is uncertain (Bai' al-Gharar). However, from an analytical point of view, neither of the said obstacles can impair the validity of this type of contract because both obstacles can be overcome. In French Civil Code, making commitments concerning a future property is explicitly authorized. In English law, the sale of future property, which is a type of unascertained property, is not known as a transfer, but as an agreement to transfer. In the Iranian legal system, the legislator has not addressed this subject through a general rule. However, belief in the accuracy can be improved through foundations governing the legal system and some sporadic legal texts including Article 842 of the Civil Code. This study is conducted by means of a descriptive-analytical method. |
| first_indexed | 2024-04-24T16:10:27Z |
| format | Article |
| id | doaj.art-e05576412fa343cc8b66bdd37e729fdb |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:10:27Z |
| publishDate | 2022-03-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-e05576412fa343cc8b66bdd37e729fdb2024-03-31T19:11:51ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212022-03-019114718210.22091/csiw.2021.5146.17251870A Comparative Study on the Transfer of Nonexistent Property in Future Sales Contracts in Imamiyah Jurisprudence and Iranian, French and English Lawsmohammad riyahi0mohammad jaafari fesharaki1Ph. D. Student in Private Law, Islamic Azad University, Isfahan (Khorasgan) Branch.Assistant Professor, Department of Private Law, Islamic Azad University, Isfahan .The sale of a future property is a transaction in which the property does not yet exist at the time of the contract’s conclusion but will exist in the future. The property may be passing of ownership or an ascertained (i.e. definite and specific) object. This study investigated the latter type, that is, the sale of a future ascertained object. There are two obstacles to the validity of this contract. The first obstacle is the impossibility of ownership of nonexistent. The second obstacle is that this type of sale is uncertain (Bai' al-Gharar). However, from an analytical point of view, neither of the said obstacles can impair the validity of this type of contract because both obstacles can be overcome. In French Civil Code, making commitments concerning a future property is explicitly authorized. In English law, the sale of future property, which is a type of unascertained property, is not known as a transfer, but as an agreement to transfer. In the Iranian legal system, the legislator has not addressed this subject through a general rule. However, belief in the accuracy can be improved through foundations governing the legal system and some sporadic legal texts including Article 842 of the Civil Code. This study is conducted by means of a descriptive-analytical method.https://csiw.qom.ac.ir/article_1870_6ed39799c0f4eb960ac5d62a21f5b96b.pdftransferownershipnonexistent propertysalefuture property |
| spellingShingle | mohammad riyahi mohammad jaafari fesharaki A Comparative Study on the Transfer of Nonexistent Property in Future Sales Contracts in Imamiyah Jurisprudence and Iranian, French and English Laws پژوهش تطبیقی حقوق اسلام و غرب transfer ownership nonexistent property sale future property |
| title | A Comparative Study on the Transfer of Nonexistent Property in Future Sales Contracts in Imamiyah Jurisprudence and Iranian, French and English Laws |
| title_full | A Comparative Study on the Transfer of Nonexistent Property in Future Sales Contracts in Imamiyah Jurisprudence and Iranian, French and English Laws |
| title_fullStr | A Comparative Study on the Transfer of Nonexistent Property in Future Sales Contracts in Imamiyah Jurisprudence and Iranian, French and English Laws |
| title_full_unstemmed | A Comparative Study on the Transfer of Nonexistent Property in Future Sales Contracts in Imamiyah Jurisprudence and Iranian, French and English Laws |
| title_short | A Comparative Study on the Transfer of Nonexistent Property in Future Sales Contracts in Imamiyah Jurisprudence and Iranian, French and English Laws |
| title_sort | comparative study on the transfer of nonexistent property in future sales contracts in imamiyah jurisprudence and iranian french and english laws |
| topic | transfer ownership nonexistent property sale future property |
| url | https://csiw.qom.ac.ir/article_1870_6ed39799c0f4eb960ac5d62a21f5b96b.pdf |
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