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Title

LEGAL SITUATION OF THE TRANSACTIONS WHICH ARE ON CONTRACT FOR OBLIGATION TO SALE OF THE SPECIFIC GOOD

Pages

 Start Page 63 | End Page 99

Abstract

 The obligation to transfer of the ownership, which, nowadays may be see, most, under the legal framework of the OBLIGATION TO SALE, is one of those contracts that has been accepted as an unspecific contract on the statutory law, on spite of different views about irrevocability and effectiveness of that contract on the Shari, a. There for, different dimensions of this contract should be considered. One of the controversial matters, which is the subject of lots of judicial cases, are those transactions which are contradictory with this contract and their legal situation.There are considerable debates with regard to the effectiveness or nullification or unenforceability of these hinds of contracts. Five kinds of opinions have been illustrated through examining different views on the legal systems of other countries and the comments of the lawyers and Shari jurists, which in this article, we are going to analytically consider and evaluate these opinions. The result, will be a solution which are compatible with both the principle of observing order and stability of the transitions, and also, with foundations accepted on the legal system of Iran, which can used online with applying the articles 3 of Civil procedural law and the principles of 166 and 167 of the constitution of the Iran, on the related cases.

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