نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار گروه حقوق خصوصی ، دانشگاه آزاد اسلامی ، واحد تهران غرب ، تهران ، ایران . ( نویسنده مسئول )
2 کارشناسی ارشد حقوق خصوصی دانشگاه آزاد اسلامی واحد قائم شهر
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Due to the imbalance of the scale of justice in legal support of the Seller’s and buyer’s rights, the parties to a purchase contract inevitably set some conditions to compensate this unfairness to some extent. One of which is the seller’s possession right, as a seller’s protective condition; however, there is still one critical question to be answered: if there is an adverse transaction, conflicting the above- stated condition done by the seller on the subject of purchase before the realization of the contract condition , what is the legal status of the said contract? A number of lawyers believe that the contract is not enforceable nor effective, our hypothesis states that the said contract under the above speculated condition of an adverse transaction, is Mora’a , since, under the said condition, and due to the fact that the said condition in its legal nature is a sort of property disposition Suspension , the buyer’s right is actually an objective right, and conducting the adverse transaction by the seller, prior to the realization of the suspended subject, renders the transaction into Mora’a , because there is an impediment , and the precise legal status of the contract shall remain unknown by the time it is clear whether suspension of the subject transfer is realized or not; in case of realization of suspension, the adverse transaction shall be nullified as of the same date, and in case that the suspension of subject transfer fails to be realized ,
کلیدواژهها [English]
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