دانشگاه مازندران

 Statistics

Number of Journals32
Number of Issues591
Number of Articles5,779
Article View8,661,118
PDF Download6,342,877
Momeni, S., Askari, S. (2022). A Comparative Study of the Consequences of the Seller's Non-Ownership in the Iranian Civil Code and the British Goods Sale Law. Journal of Executive Management, 6(2), 227-242. doi: 10.22080/lps.2022.23642.1346
Seyed Saeid Momeni; Seyed Hekmat Olah Askari. "A Comparative Study of the Consequences of the Seller's Non-Ownership in the Iranian Civil Code and the British Goods Sale Law". Journal of Executive Management, 6, 2, 2022, 227-242. doi: 10.22080/lps.2022.23642.1346
Momeni, S., Askari, S. (2022). 'A Comparative Study of the Consequences of the Seller's Non-Ownership in the Iranian Civil Code and the British Goods Sale Law', Journal of Executive Management, 6(2), pp. 227-242. doi: 10.22080/lps.2022.23642.1346
Momeni, S., Askari, S. A Comparative Study of the Consequences of the Seller's Non-Ownership in the Iranian Civil Code and the British Goods Sale Law. Journal of Executive Management, 2022; 6(2): 227-242. doi: 10.22080/lps.2022.23642.1346

A Comparative Study of the Consequences of the Seller's Non-Ownership in the Iranian Civil Code and the British Goods Sale Law

پژوهشنامه حقوق تطبیقی
Article 11, Volume 6, Issue 2 - Serial Number 10, October 2022, Pages 227-242    PDF (478.84 K)
Document Type: Original Article
DOI: 10.22080/lps.2022.23642.1346
Authors
Seyed Saeid Momeni1; Seyed Hekmat Olah Askari* 2
1PhD student in private law, Shiraz Branch, Islamic Azad University, Shiraz, Iran.
2Assistant Professor, Department of Private Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran.
Receive Date: 31 May 2021,  Revise Date: 08 September 2021,  Accept Date: 29 September 2021 
Abstract
The contract of sale has different stages, from occurrence effects to impact and its implementation. In the meantime, although most jurists believe that Zamane Darak is not the effect of the correct contract of sale, the legislator has considered it as one of the effects of correct sale. Therefore, the main issue is what is the role of the seller (original) ownership in the various stages of the contract of sale? The aim is to examine and compare the consequences of the seller's lack of ownership in Iranian civil law and in the British Commodity Sale Act. Based on the above-mentioned laws, the findings of this study show that, if the seller (original) is not the owner, the contract of sale is not corrupt by itself, but with the survival of the correct contract (with the ability to affect), the buyer does not become the owner of the third party. " It seems that this "inherent loss" in paragraph 2 of Article 362 of the Iranian Civil Code is called "Darak ". The common denominator of both kind of laws is that, the contract of sale with this "inherent loss" will be compensated and "effective" if the owner subsequently consents. Consequently, the buyer becomes the owner of the third party. In the meantime, in English law, it can be said that the seller's non-ownership does not invalidate; It Zamane Darak. In fact, in the absence of ownership, an inherent loss is formed because the buyer is considered the owner and the contract is valid, but not effective. The present article is of descriptive-analytical type and examines the question in a library method.
Keywords
Ownership; correct; intrinsic harm; Owner satisfaction; Effective; Corruption
References
  1. Adl, M. (2010), Civil Rights, Tehran: Khorsandi Publications. (In Persian)
  2. Ansari, Sh.M. (2010), Al-Makaseb: Vol.1&2, Tehran: Khorsandi Publications.  (In Persian)
  3. Askari, H.A. (2011), Determining the Transfer Time of Ownership of the Object in Sale by the Parties, Tehran: Majd Publications. (In Persian)
  4. Atiyah, P.S. (2001), “The Sale of Goods” (12th ed.), Longman.
  5. Bahrami Ahmadi, H. (2011), Law of Obligations and Contracts, Tehran: Imam Sadegh University. (In Persian)
  6. Barikloo, A. (2013), Civil Liability (4th Ed.), Tehran: Mizan Publishing. (In Persian)
  7. Bayat, F., Bayat, Sh. (2013), Comprehensive Description of Civil Law (2nd Ed.), Tehran: Arshad Publications. (In Persian)
  8. Emami, S.H. (1984), Civil Law: Vol. 1 & 2 (4th Ed.), Tehran: Islamic Bookstore. (In Persian)
  9. Ghasemzadeh, M., Ghorbani Juybari, M. (2015), Analysis of the Requirement of Submitting the Transfer of the Object in Sale Ownership and its Effects on Iranian Law, Private Law Research, Vol. 3(10). (In Persian)
  10. Haeri Shah Bagh, S. A. (2008), Description of the Civil Code (3rd Ed.), Tehran: Ganj'e Danesh Publications. (In Persian)
  11. Jafari Langrudi, M.J. (2003), Dictionary of Elements: Al-Majam Al-Maaser fi Ilm Al-Anaser, Tehran: Ganj'e Danesh Publications. (In Persian)
  12. Jafari Langrudi, M.J. (2011), Mediator in Legal Terminology (4th Ed.), Tehran: Ganj'e Danesh Publications. (In Persian)
  13. Karkani, I., Sherafatpeima, M.R. (2019), Legal Review of Security Against Faults in Tille in the Laws and Judicial Procedure of Iran and France, Legal Research, Vol. 18(40). (In Persian)
  14. Katuzian, N. (2012), General Rules of Contracts: Concept of Contract, Conclusion and Validity of Contract: Vol. 1 (10th Ed.), Tehran: Enteshar Publishing Co. (In Persian)
  15. Katuzian, N. (2012), Civil Law Course. Specific Contracts: Vol.1 (11th Ed.), Tehran: Enteshar Publishing Co. (In Persian)
  16. Lista, A. (2016), International Commercial Sales: The Sale of Goods on Shipment Terms, Taylor & Francis.
  17. Pathak, A. (2019), "The Two Sides of the Title Retention Clauses: The Caterpillar Case", Indian Institute of Management Ahmedabad. https://doi.org/10.1108/CASE.IIMA.2020.000197
  18. Shahidi, M. (2006), Civil Law: Principles of Contracts and Obligations: Vol. 2 (4th Ed.), Tehran: Majd Publications. (In Persian)
  19. Shahidi, M. (2010), Civil Rights 6. Specific Contracts 1. Sale and ...(12th Ed.), Tehran: Majd Publicatons. (In Persian)
Statistics
Article View: 1,332
PDF Download: 611


Journal Management System. Powered by Sinaweb