The Legal jurisprudence of the buyer s right Adverse transaction in purchasing contracts which are contingent upon possession Right condition

Document Type : Original Article

Authors

1 Associate Professor. Department of Private Law, West Tehran Branch Islamic Azad University, Tehran. Iran. ( Corresponding Author)

2 department of law

Abstract

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 ,

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Articles in Press, Accepted Manuscript
Available Online from 24 August 2024
  • Receive Date: 18 December 2023
  • Revise Date: 07 April 2024
  • Accept Date: 24 August 2024