Analysis of the present condition of the transfer of ownership sales and its impacts on Iran's Law

• Main Authors: Mohammad Ghorbani Joybari, Morteza Qsmzadeh
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2015-04-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
• Subjects: Present condition of transfer of ownership; Principle of causality; Developmental issues and legislation
• Online Access: http://jplr.atu.ac.ir/article_1318_59d93d2c5b57218afdff5cd2cf7617eb.pdf

In Iranian law, the sale contract consists of two mutual acquisitions formed together. 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 acquisitions are possible, since dichotomy in time of credit affairs allows us to maintain causing correlation of commitments and to separate them from each other at the same time. Therefore, although traditional view of legal and jurisprudential issues does not accept such a condition, following a new approach and focusing on 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 credit affairs follows sides` determination aside from developmental affairs. Based on the principle of determination prominence and article 10 of the Civil Code, such agreements should be corrected based on sentences, and hence we should not deal with law issues by ignoring ‘will’ of parties as a result of inappropriate and philosophical interpretations.