نوع مقاله : مقاله پژوهشی
نویسندگان
1 وکیل پایه یک دادگستری.دانشجوی دکتری حقوق خصوصی دانشگاه ازادشیراز.مدرس دانشگاه ازاد تنکابن. (نویسنده مسئول)
2 استادیار دانشگاه ازاد شیراز گروه حقوق.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Unauthorized transaction is lagally defined as a transaction the subject of which is others’ property.The legislator may consider some of them as voided (625.c.c) while others are regarded impervasive yet capable of pervasive(247c.c)and the rest are regarded as being correct but ineffective concerning the goods of third person–223.231c.c.in a correct sale contract(with the goods belonging to a third person)the ownership of seller is not condition in civil code.however, the commitment of principal unauthorized seller(183.c.c.) is to obtain the consent of the owner.The violation of the above-mentioned commitment leads to a daarak in correct sale contract (a halt in vesting possessory of the goods to customer as the good is belonging to a third person)this is a loss of customer for not taking possession of the sold goods yet.accordingly the Daarak is not defendable. The violated commitment must be fulfilled, that is: The consent of owner is obtained.(390.c.c.) concept of Daarak is not defined.it seems that Daarak as defined above is created in a correct ineffective kind capaple of giving possession of the goods, not any other genre of unauthorized transactions. The refusal of owner makes the contract vitiated as a non-tetrogression process.
کلیدواژهها [English]
)